Girl needs help!!!!

[Inigo]

Hey Guys this girl I have on myspace who's a really talented photographer ( www.myspace.com/lara_jade ) has some legal problems (for lack of a better term) and she asking for help, anything, so I thought I would post this here, maybe someone can help her or give some advice.

This is what she wrote:

Yeah, that's right. My image is being used for a pornographic movie called 'Body Magic'.
Did they have permission? Did they hell.
This happened a few months back (well, since I found out). Somebody noted me saying this company was using one of my pictures.. actually let me get this straight - a SELF PORTRAIT that I took at the age of FOURTEEN.
I don't know if you can see the descriptions too well but it is quoted as 'Hustlers Highest Rated' and a 'pleasure to watch'. The back of the cover was disgusting.
I looked it up on the internet and found out that Hustler.com was stocking it and a range of other dirty video websites that took pleasure in this... what I ALSO found was that there was a note on the back
saying 'Everyone associated with this DVD is 18 or over'. 18 or over? yeah right.
I contacted hustler and they gave me the name of the company - TVX Films. After doing some good old fashioned research I found that the company makes new covers for the dvds and that the movie was actually pretty old!
As soon as I'd found out relevant information and I send a long and 'friendly' letter to TVX Films - to my surprise I got an abrupt e-mail back from the owner who claimed that 'his company does NOT steal pictures off the internet and he received it from a company they've been in business with for 25 years'.
I found it hilarious, since I still remember taking that photograph back in 2004, I even have one of the first prints at my local walmart store with the date on! AND my small watermark on the dress which had been removed on the dvd cover..
After a few e-mails I found it obvious that I wasn't getting anywhere and that the owner was definitely a sleaze himself. This is what he said in reply to me, in big bold capital letters to make a statement -

"I’M SURE BY THE END OF THE MONTH YOUR FACE WILL BE HISTORY. WE HAVE STOPPED SELLING THE DVD UNTIL COVER IS REPLACED. WE HAVE FURTHER CHECKED OUT YOUR NAME AND IT’S NOT LIKE IT’S A HOUSE WHOLE NAME. ACTUALLY, REMOVING YOUR IMAGE WILL HELP IMPROVE THE SELL OF THE DVD….. SO FAR IT BOMBED"


He also claimed I was 'scheming' and had set him up - placing the image on a public domain so companies can steal it and I can sue them... er, what? I actually had this image on only one website for a few years until I joined flickr - just DeviantART and it was clear that wasn't a public domain when underneath each of my picture there is a disclaimer CLEARLY stating the obvious (that's it's copyright)... and ALSO i had a bloody © symbol and my name written across my dress!!! Isn't that enough to warn anyone off anyway?
When I asked for compensation he said "AS FOR COMPSENSATION;YOUR SILLY!". and this was one of the end comments he made -

"THEY ARE REMAKING THE COVER AS WE SPEAK SO YOUR TEN SECONDS OF FAME WILL SOON COME TO AN END"

My so called ten seconds of fame was from a porno dvd? No thanks.


I've contacted about three solictors near to where I live - they all say they cannot do anything because the company is based in Texas, USA. I've tried contacting lawyers over in America but not a lot of them will reply, a few lawyers that have told me I need at least £50,000 to take it on. I've even tried contacting the news but absolutely no reply from them either.
I feel like I’m wasting my time, my image hasn't been removed, they sent me another cover claiming they'd removed it in the end.. I researched in on the net and they'd just shown me the cover that was originally on in the 80s.

REMOVED? I don't think so. Look, here's where it is STILL featured and this is from a quick web search -

(Warning, please do not click the links unless you are 18 years and above, it does contain some adult content).

(EDIT: deleted the links to the adult movies because of the content)

Please could someone help me with this? It feels like I'm pulling at loose strings and that I have no power over people like this. I'm still only 17 and trying to make my way in photography. I feel like I cannot display this picture anymore in case someone knows it from the movie.. or even the fact that someone THINKS im in the movie and it gives me a bad name..

Please repost this, on news sites, blogs. ANYTHING. I'd really like some help with this case. I'd appreciate ANY advice you guys could give to me. Thank you very much for reading.

[Chelseyrl]

'Scuse my language, but that is so fucking despicable. I feel so bad for her. I wish I could help her.

[Ziola]

You need to talk to Lass. I'm sure she could recommend someone to help.

[Lurker]

That's crazy. But, yeah, maybe Lass can help out. This girl definitely needs to talk to a lawyer or someone who has a good idea of how the law works.

As long as she can get ahold of someone who knows what they're doing, she's definitely got a shot at compensation (which is deserved, in my opinion).

[Renegade]

afaik, anyone who is selling anything with pictures, moving or still, from clearly identifiable people has to have a signed model release from them. So unless she signed a contract, she's in the better legal position and, if she has the money, could sue them. However, you gotta take into account we're talking about the US here. The money will decide who wins, not the law. (Unless, perhaps, she can get a trial with jury.)


Independent from that (and now comes the evil/effective hint), she might just tip off the FBI that Hustler's porn DVDs feature minors on their covers...I guess that'd lead to their removal pretty quickly.

One final note: Whatever the porn producer says: Placing an image on the internet does not put it into public domain. He was legally obliged to secure permission to use the picture, unless Flickr's TOS state otherwise, and your friend agreed to these otherwise-stating TOS.


ETA: Whatever he says, and whatever she does, she should always remember that he's reacting this aggressively and hostile because he knows full well that they fucked up. He knows she could sue the hell out of them, and probably win, and is trying to break her will to sue.
They fucked up, and he's trying to cover their ass. She shouldn't listen to anything he says, unless it involves them making up for their mistake.

[Killthesmiley]

Definately find Lass.

Suggest to her to print everything out, including what she sent to them with dates of the send and recieved. As well as the original photograph and the cover picture.
Take everything to a lawyer. Then tell her to instruct the lawyer to contact them for her, and give them a timed ultimatum (If you dont have this picture removed by such and such date, you will be served with a supina (spelling?))

I suggest also for her to check the movie. It might be....gross, but it may be worth it in the end.

I really suggest she find representation, and pursue court.

[Inigo]

But, like she says, she doesn't have any money, and she's still a minor.

When you sue someone and win aren't they supposed to pay you the costs of your trial? So couldn't she just go trial and in the end if she wins the loser will pay everything?

As for the picture, because she is the one who took it, then model release solution wouldnt work here. I think she could sue them for copyright infringement or something

[Renegade]

What do you mean "model release solution wouldnt work"? They have to have written consent from the person depicted to publish said picture. Flickr has that consent because it's probably in their TOS, and the girl uploaded the pic. Hustler doesn't. Therefore, Hustler is breaking the law, and can be sued over violation of her personal rights.
And even if that doesn't work out, she could still sue purely for compensation.

And no, although I've never had to sue anyone before, I think she'd have to pay the lawyer first, and would then get the money back if the won.

On a different note, depending on whether or not she could handle public exposure of this, it might help if she submitted this to digg. Pick a reasonably scandalous headline ("Hustler depicts minor on porn DVD without consent"), and it'll be on the front page in no time. Then see how Hustler's PR division handles the public exposure of this.
That'd be the cheapest way (in terms of money), but it'd also mean half the internet would know she's on a porn DVD.

And I was not kidding with the FBI note. I think if she just called them and informed them that that specific porn DVD depicts a dissenting minor on the cover, they'd be all over Hustler - and Hustler would do anything to silence her, before the brand is publically connected to child pornography.


The key here is the "minor" part. Sure, technically, she's right either way. But chances are she's not gonna win in court against a multi-billion dollar enterprise. Minors in porn is a PR disaster Hustler will definitely want to avoid.

My suggestion: Get a lawyer purely to write a letter. Sure, could cost a few hundred bucks, but better than thousands for a trial. Then let that lawyer write to Hustler PR or whatever, and tell them the girl has tried everything, nobody's reacting, so they've got 3 days to hold distribution and change the cover, or she'll go to the press and inform them Hustler is selling DVDs with dissenting minors on their covers, and that she's got proof.
That should give a reaction quickly.

As said: The fear of damage to the brand is key here. They don't give a f**k if they violated some girl's personal right. But they do give a f**k if they lose millions because their brand is connected to child pornography.

ETA: Also, write to Hustler, not any of the small companies. Hustler is the distributor, and Hustler is the brand that will fear the damage. Nobody knows the small suppliers. They'd just re-start under a new name. But they'll do a lot to keep the brand Hustler from damage.

Oh, and make sure the lawyer demands the costs for the lawyer back from Hustler, as well as some compensation.

[Lurker]

Renegade's post is sound.

Uhoh, we're agreeing on something. I fear the seven seals will be unlocked soon. What think you, Ren?

[Inigo]

thanks for the advice renegade I'll make sure she gets it!

[Renegade]

Renegade's post is sound.

Uhoh, we're agreeing on something. I fear the seven seals will be unlocked soon. What think you, Ren?

I blame The Creators. There's not enough controversial stuff to argue about recently.

thanks for the advice renegade I'll make sure she gets it!

You're welcome. Just keep us updated on what's happening.

ETA: Looks like digging was done: http://digg.com/movies/17_year_old_s_se ... _dvd_cover (and it is on page one, as I predicted )
ETA2: Twice, even

[Inigo]

what is this digg thing?

[RoseCrowley]

But, like she says, she doesn't have any money, and she's still a minor.

When you sue someone and win aren't they supposed to pay you the costs of your trial? So couldn't she just go trial and in the end if she wins the loser will pay everything?

As for the picture, because she is the one who took it, then model release solution wouldnt work here. I think she could sue them for copyright infringement or something

When I was involved in a car accident, the lawyer didn't get any money until we settled (which took forever)...

[Renegade]

what is this digg thing?

Oh, nothing...only one of the biggest sites on the web right now

Digg.com on Wikipedia

[Languorous Lass]

That's crazy. But, yeah, maybe Lass can help out. This girl definitely needs to talk to a lawyer or someone who has a good idea of how the law works.

Unfortunately, I know very little about copyright, and less than nothing about international copyright. Sorry I can't help out.

What's the latest on Lara's situation? I checked her site and saw she's gotten tons of press about the theft.