|
Well, I'm not an attorney, but it seems to me...
This case has NOTHING to do with copyright. For you guys, all rights seem to come down to copyright.
The right of publicity is a right that a model or performer has that a regular person on the street does not. Why? Because they make a living off their body or face or voice or whatever it is that they sell. (The right consists of being able to control the use of their saleable assets and to prevent damaging misuse and/or abuse.)
Now, what confuses me about this case is that unless this gal negotiated a pretty weak-kneed release, the release would pretty much have her giving up these rights.
Now, just as copyright can be sold, I imagine publicity rights can be sold as well, so it's entirely possible that a company holds the model's right to publicity.
I suggest you contact the content suppliers. Ultimately, they should be able to produce the release for you and/or your attorney to review. Other factors may bear on the case as well: Were the photos done before she was associated with Perfect 10, for example.
However, even if their case is weak, they may be able to legally harass you to the point where it isn't worth your while to fight them. You may have better things to do.
__________________
SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.
|