Lonelygirl15

[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:

[Chelseyrl]

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

You just had a Kyle moment.

[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.
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[ YouTube Profile ] [ Dawson's Cove ]

Every time you score a goal, a starving child in Africa dies.

[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.
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kelly

YOU: Who does that KTS think she is? Total bitch!

ME: I think I'm you, only better.

~Kelly, KMurr, and Kellylen <3~

[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.
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[ YouTube Profile ] [ Dawson's Cove ]

Every time you score a goal, a starving child in Africa dies.

[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]

[Inigo]

what is this digg thing?

[RoseCrowley]

[Renegade]

[Languorous Lass]