When you take a picture then you own the copyright. If we simply acknowledged that your privates are private in copyright law (the owner of the privates in the photo owns the copyright) then existing dcma takedown procedures would solve lots and lots of problems.
This would, however, require a rather radical change to the copyright law. Copyright seldom protects the subject of a photo, and the instances where it does (certain buildings, mostly) are a tangled mess of conflict at the moment.
The moral rights of the subject currently fall under publicity rights and so on, separate from copyright, and are difficult to prosecute in these cases.
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[ 1.5 ms ] story [ 15.7 ms ] threadThe moral rights of the subject currently fall under publicity rights and so on, separate from copyright, and are difficult to prosecute in these cases.