Dear Dr. Ava

Peeping Tom

Question: From the balcony of my apartment I can clearly see into my neighbor's bedroom in the next building.  They frequently make love with the lights on, so any unit in my building can see right into their open window.  I told a friend of mine about this couple and he said that he knew of a company that would pay $2,000 for a voyeur videotape.  Since you probably wouldn't be able to make out their faces on any video I would shoot from my balcony, can I go ahead and cash in?  The way I see it, it isn't an invasion of their privacy if they are so openly visible and you can't tell that it is them.

Answer: From what you say, the couple sure sound like they are exhibitionists, but if they are not exhibitionists and you videotape them having sex, then sell the tape for profit without a signed release form from them, you would be invading their privacy and you could face serious liability.  I think you should knock on their door at an appropriate time (like after one of their lovemaking sessions with the lights on), introduce yourself and tell them you live across the way.  Tell them that you find what is going on in their apartment very arousing and ask them if they realize that everyone in the building can see them.  If they respond positively by acknowledging that they do like to be watched, go ahead and make them a business proposal.  Tell them about your friend’s contact that pays $2,000 for voyeur videotapes.  Offer to split the profits and see what they say.  Of course, it’s possible that they have no idea they are getting such exposure and will close the windows and turn off the light for future sexual encounters.  Either way, it’s a safe way for you to approach the subject without getting into any trouble.