This is a heavy generalization but here goes.
Still pictures taken with the consent of a person do not automatically allow distribution without a signed waiver. This is the default and if she sues you this is the standard normally used. If she requests thm to be removed you will have to do so or face lawsuits. If there is no monetary renumeration received for the pictures, she will have a tough time getting any money out of the suit but she can get you thrown in jail for contempt of court if you are ordered by the court to remove them and do not do so.
Movies are a different thing. If it is a hidden camera, you face problems from the video itself as well as the audio. Audio is removed many times because of federal wiretapping laws that have been extended to video previously. In most states, fornication is a criminal act (although it is rarely, and I do mean rarely, enforced), and the video could be considered evidence of a crime and could fall under evidence rules, especially if it has sound.
All of that being said, the main legal rules seem to be that if you can make the pic or video to where the person can not be easily identified (black bars, masking tattoos, etc) and you remove it if the person requests you do so, you will be fine if it is evident that all parties knew the pic/video was being taken. If a hidden camera, you could be in big trouble with the newer state laws.
Posting pictures you found is another story completely as it has been held that pics/videos are public domain once they have reached a certain "critical mass" of distribution, unless the original copyright holder forces their rights. This is similar to the Supreme Court holding that the use of coke as a common word for a dark, carbonated beverage is not a violation of copyright if it is not capitalized or written in a script similar to the Coca-Cola logo.
* This post has been modified
: 19 years ago