Perfect10 and Copyrighted Models

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  • johnuk
    Confirmed User
    • Nov 2002
    • 648
    #1

    Perfect10 and Copyrighted Models

    I've just had an email from CCBill telling me to remove all pics and references to British model Adele Stephens from my site (which they process for). They claim Perfect10 hold all "rights of publicity" to this model.

    I bought the pictures from Scarlett.net and Photorama.nl all of course with licenses. Does "rights of publicity" supersede my licenses?

    Anyone else had any run ins with Perfect10, I heard they kicked the shit out of AdultCheck but I'm assuming AC's webmaster where using pics without licenses?
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    • freeones
      Confirmed User
      • Jul 2001
      • 3406
      #2
      this is fucking bullshit
      The only way a company can have a sort of "all rights of publicity" to a model is by "launching" the model. So when she never dit modeling, photo shoots before. Nobody can ever waive all right of pictures away which were taken legally in the past.

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        • Brujah
          Beer Money Baron
          • Jan 2001
          • 22157
          #3
          Neat.
          Perfect 10 owns the copyrights to other photographers work.

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            • MichaelAncher
              Confirmed User
              • Feb 2003
              • 742
              #4
              I have seen that site...Adele-Stevens.com and right now I'm trying to find out who owns it...theye is no contact ref. on their site.
              They have all of my content on their site, content I have shot and I have the copyright to, maybe they have bought it from me, but then they have done it under a different name...but I will find out.

              Don't worry and leave your content on your site, If you have bought it from Scarlett and Photorama, then you are home free. There it nothing suspect about those two, they only sell content they have rights to.
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                • chupacabra
                  Confirmed User
                  • Sep 2002
                  • 3626
                  #5
                  I've just had an email from CCBill telling me to...
                  do you process w/ ccBill, or are they just contacting you because she does..?
                  ...promise her a defamation, tell her where the rain will fall..

                    Comment

                    • LadyMischief
                      Orgasms N Such!
                      • Sep 2002
                      • 18135
                      #6
                      Originally posted by MichaelAncher
                      I have seen that site...Adele-Stevens.com and right now I'm trying to find out who owns it...theye is no contact ref. on their site.
                      They have all of my content on their site, content I have shot and I have the copyright to, maybe they have bought it from me, but then they have done it under a different name...but I will find out.

                      Don't worry and leave your content on your site, If you have bought it from Scarlett and Photorama, then you are home free. There it nothing suspect about those two, they only sell content they have rights to.
                      Sweet.. Good to know there's someone to clarify things I am curious though about the "rights of publicity". Know any specifics on that?

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                        • UnseenWorld
                          Confirmed User
                          • May 2001
                          • 5279
                          #7
                          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.
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                            • MichaelAncher
                              Confirmed User
                              • Feb 2003
                              • 742
                              #8
                              Originally posted by LadyMischief


                              Sweet.. Good to know there's someone to clarify things I am curious though about the "rights of publicity". Know any specifics on that?
                              There is no such thing...unless you have ( like a hollywood studio )a sealed contract with a new star you have found, and only you can publish her/him...but to make a contract like that, with a model like Adele is impossible...I shot her for the first time in sout of france when she was just 18. and thats looooooong ago, and since then she have shot with everybody that owns a camera.
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                                • Interlude
                                  Confirmed User
                                  • Feb 2001
                                  • 1147
                                  #9
                                  P10 isn't going to be happy until they drive everyone else out of business. That's really what it comes down to... getting what you want by force of legal threats.

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                                    • cherrylula
                                      lol
                                      • Jan 2002
                                      • 15969
                                      #10
                                      rights to a porn star name? gimme a fucking break.

                                      adele stephens is all over the place too, even on danni.com... are they threatening her too?

                                        Comment

                                        • Nubiles
                                          Confirmed User
                                          • Apr 2002
                                          • 1496
                                          #11
                                          Originally posted by johnuk
                                          I've just had an email from CCBill telling me to remove all pics and references to British model Adele Stephens from my site (which they process for). They claim Perfect10 hold all "rights of publicity" to this model.

                                          I bought the pictures from Scarlett.net and Photorama.nl all of course with licenses. Does "rights of publicity" supersede my licenses?

                                          Anyone else had any run ins with Perfect10, I heard they kicked the shit out of AdultCheck but I'm assuming AC's webmaster where using pics without licenses?
                                          Many AC webmasters were using the pics without a license and I guess Perfect 10 got a judge to require AC to remove all sites in their system until the webmaster proved that they had the rights to use the pictures. They removed one of my old gold sites which actually still sells a lot of memberships. I bought the pictures from Garill so my content wasnt legal but they still removed the site. So I had to fax over a statement saying I paid for them and provide a copy of the license.

                                          That was pretty simple and I thought they would make my site id active again, but their agreement said that the lawyer from Perfect 10 had 2 WEEKS to approve the license. I found out who the Perfect 10 lawyer was and got him on the phone. He told me he would look into it and actually had my license on his desk. The next day he wouldnt answer my phone call.

                                          Going down for 1 day sucks, but 2 weeks is bullshit, so I just changed all the ids on my Gold site to another Gold site's ID and so the other site got credit for any signups, and then redirected the other sites members area back to where it should have gone.

                                          Of course when they logged into the members area there was a picture of my middle finger telling Perfect 10 to GFY and explaining to my members what happened. Then I emailed the lawyer, letting him know he wasnt going to fuck me over for 2 weeks especially when I paid for the pictures and to go check my site so he can see I made it around his little judgement. I never heard back from him, and in 2 weeks my gold site correct id was valid again.

                                          Good luck
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                                            • johnuk
                                              Confirmed User
                                              • Nov 2002
                                              • 648
                                              #12
                                              I've spoken with both content providers and they told me exactly what I thought in the first place. Perfect10 are trying to scare anyone who has the same models as them whether they have licenses or not, the whole AdultCheck thing has obviously gone to their lawyers heads.

                                              What pisses me off is that instead of coming straight to me they went to my processor CCBill, fucking arseholes!! They even had the nerve to tell CCBill to tell me (!) even if I had licenses to take the pictures down while they check!!!! Fucking, fucking arseholes!!!

                                              Anyway thanks to the nice people at Scarlett and Photorama who were more than helpful
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                                                • Brujah
                                                  Beer Money Baron
                                                  • Jan 2001
                                                  • 22157
                                                  #13
                                                  They have a good strategy. Go straight to the processors, where the real money is. CCbill will settle just like Adultcheck did.. and then it'll be on to the next one.

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                                                    • LadyMischief
                                                      Orgasms N Such!
                                                      • Sep 2002
                                                      • 18135
                                                      #14
                                                      Originally posted by johnuk
                                                      I've spoken with both content providers and they told me exactly what I thought in the first place. Perfect10 are trying to scare anyone who has the same models as them whether they have licenses or not, the whole AdultCheck thing has obviously gone to their lawyers heads.

                                                      What pisses me off is that instead of coming straight to me they went to my processor CCBill, fucking arseholes!! They even had the nerve to tell CCBill to tell me (!) even if I had licenses to take the pictures down while they check!!!! Fucking, fucking arseholes!!!

                                                      Anyway thanks to the nice people at Scarlett and Photorama who were more than helpful
                                                      When you first posted this I kind of thought that was what they were doing. Ridiculous and a really shitty move on the part of Perfect10. Did they think that someone would not realize what they are trying to do isn't legit?

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                                                        • DarkJedi
                                                          No Refunds Issued.
                                                          • Feb 2001
                                                          • 28301
                                                          #15
                                                          Perfect10 can suck my fat cock

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                                                            • Brujah
                                                              Beer Money Baron
                                                              • Jan 2001
                                                              • 22157
                                                              #16
                                                              Let us know how it turns out. It's good to know that anyone buying content of Adele Stephens is at risk for being sued. Do you know who else we're not supposed to purchase from ?

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                                                                • DamnGoodRatio
                                                                  Confirmed User
                                                                  • Feb 2003
                                                                  • 855
                                                                  #17
                                                                  If it was somebody who was only moderately exposed, they may try this shit to get out of the biz. Adele is all over and could not erase her trail. Sounds like complete bullshit. Don't pull anything until you get a cease and desist.
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                                                                    • MichaelAncher
                                                                      Confirmed User
                                                                      • Feb 2003
                                                                      • 742
                                                                      #18
                                                                      Originally posted by Brujah
                                                                      Let us know how it turns out. It's good to know that anyone buying content of Adele Stephens is at risk for being sued. Do you know who else we're not supposed to purchase from ?

                                                                      You are at no risk, if you buy from a provider that holds the copyright and have release and ID on hand.....

                                                                      I HAVE THAT, SO IF PERFECT 10 HAS A PROBLEM, LET THEM COME TO ME, AND I DEAL WITH THOSE F...
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                                                                        • Brujah
                                                                          Beer Money Baron
                                                                          • Jan 2001
                                                                          • 22157
                                                                          #19
                                                                          Originally posted by MichaelAncher

                                                                          You are at no risk, if you buy from a provider that holds the copyright and have release and ID on hand.....
                                                                          Do you want the hassles and legal fees of fighting that battle against Perfect 10 ? Adultcheck and CCBill don't seem to, and they're fairly larger. If the processors won't process for you, to limit their risk.. you lose that "legal" income stream too.

                                                                            Comment

                                                                            • MichaelAncher
                                                                              Confirmed User
                                                                              • Feb 2003
                                                                              • 742
                                                                              #20
                                                                              Originally posted by Brujah


                                                                              Do you want the hassles and legal fees of fighting that battle against Perfect 10 ? Adultcheck and CCBill don't seem to, and they're fairly larger. If the processors won't process for you, to limit their risk.. you lose that "legal" income stream too.
                                                                              The Adele content I have on my site, is content I have shot myself and paid modelfee for, and I have releases and ID's and there is nobody on this planet that can affect that.
                                                                              That is my proberty, and Adele was legal and sober when she signed the release...If Perfect 10 try to do anything about that they can sue me...I know who comes out dry.. But I don't think they would, afterall that attorney have studied law, before he passed the bar. I hope...
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                                                                                • LadyMischief
                                                                                  Orgasms N Such!
                                                                                  • Sep 2002
                                                                                  • 18135
                                                                                  #21
                                                                                  Originally posted by MichaelAncher


                                                                                  The Adele content I have on my site, is content I have shot myself and paid modelfee for, and I have releases and ID's and there is nobody on this planet that can affect that.
                                                                                  That is my proberty, and Adele was legal and sober when she signed the release...If Perfect 10 try to do anything about that they can sue me...I know who comes out dry.. But I don't think they would, afterall that attorney have studied law, before he passed the bar. I hope...
                                                                                  Yep..and if they're smart, they know they can't fucking touch you

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                                                                                    • Brujah
                                                                                      Beer Money Baron
                                                                                      • Jan 2001
                                                                                      • 22157
                                                                                      #22
                                                                                      "They can't touch me." Do you know what a settlement is ? They don't have to be right. They don't have to win. They don't have to "touch" you. They just need to be a large enough threat that you can't afford to fight it, or endure it.

                                                                                        Comment

                                                                                        • johnuk
                                                                                          Confirmed User
                                                                                          • Nov 2002
                                                                                          • 648
                                                                                          #23
                                                                                          For anyone interested the rather long AdultCheck ruling can be found at http://www.adlawbyrequest.com/pdf/adultcheck.pdf

                                                                                          and AdultChecks banned names list is http://www.adultcheck.com/cgi-bin/si...es_public.html I don't think all these came about from Perfect10 as there's quite a few regular celebs listed.

                                                                                          Also notice Adele Stephens name has a link next to it for people to buy her pics so obviously people have realised Perfect10s little Adele monopoly scam
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                                                                                            • Paul Markham
                                                                                              Too old to care
                                                                                              • Jun 2001
                                                                                              • 52942
                                                                                              #24
                                                                                              Originally posted by Brujah
                                                                                              "They can't touch me." Do you know what a settlement is ? They don't have to be right. They don't have to win. They don't have to "touch" you. They just need to be a large enough threat that you can't afford to fight it, or endure it.
                                                                                              What a pussy.

                                                                                              Get a lawyer to handle the case on a split basis, then issue a writ against Perfect 10.

                                                                                              Adele Stevens cannot sign away her rights of privacy. She gave that up when she became a porn star.

                                                                                              Perfect 10 are just trying there muscle, I would send CCBill a copy of the model release and a letter explaing how wide spread this girls photos are. She has appeared topless in The Daily Mirror, The Sun, The Star and The Sport, plus nude in Mayfair, Mens World, Men Only.

                                                                                              Lets see Perfect 10 go up against David Sullivan or Paul Raymond.

                                                                                              Get your facts, go see a lawyer and issue a writ against Perfect 10.



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                                                                                                • Brujah
                                                                                                  Beer Money Baron
                                                                                                  • Jan 2001
                                                                                                  • 22157
                                                                                                  #25
                                                                                                  Originally posted by charly
                                                                                                  What a pussy.

                                                                                                  Get a lawyer to handle the case on a split basis, then issue a writ against Perfect 10.

                                                                                                  Adele Stevens cannot sign away her rights of privacy. She gave that up when she became a porn star.

                                                                                                  Perfect 10 are just trying there muscle, I would send CCBill a copy of the model release and a letter explaing how wide spread this girls photos are. She has appeared topless in The Daily Mirror, The Sun, The Star and The Sport, plus nude in Mayfair, Mens World, Men Only.

                                                                                                  Lets see Perfect 10 go up against David Sullivan or Paul Raymond.

                                                                                                  Get your facts, go see a lawyer and issue a writ against Perfect 10.
                                                                                                  Since I'm not the one being sued, I assume you're talking about Adultcheck and CCBill being the pussy. Maybe they need YOU on their legal team Charly!

                                                                                                    Comment

                                                                                                    • Paul Markham
                                                                                                      Too old to care
                                                                                                      • Jun 2001
                                                                                                      • 52942
                                                                                                      #26
                                                                                                      Originally posted by Brujah


                                                                                                      Since I'm not the one being sued, I assume you're talking about Adultcheck and CCBill being the pussy. Maybe they need YOU on their legal team Charly!
                                                                                                      All they need is some backbone.

                                                                                                      Interesting how they bend over and offer there clients no protection.

                                                                                                      Perfect 10 would run a mile if you went boo on this one. It's probably just their lawyers flexing their muscle.



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                                                                                                        • MichaelAncher
                                                                                                          Confirmed User
                                                                                                          • Feb 2003
                                                                                                          • 742
                                                                                                          #27
                                                                                                          Originally posted by charly
                                                                                                          All they need is some backbone.

                                                                                                          Interesting how they bend over and offer there clients no protection.

                                                                                                          Perfect 10 would run a mile if you went boo on this one. It's probably just their lawyers flexing their muscle.
                                                                                                          I'm not sure that lawyer know what he went into...I guess he have no idea about how many pictures is out there on thousands of web-sites.
                                                                                                          He can spend the rest of his life on a wild goose chase...
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                                                                                                            • goBigtime
                                                                                                              Confirmed User
                                                                                                              • Nov 2002
                                                                                                              • 7761
                                                                                                              #28
                                                                                                              Someone should either icq corvette or restart this thread with "CCbill" in the topic so its gets their attention.

                                                                                                              From the sounds of it, Perfect10 doesn't have a leg to stand on here.. especially if you can get a copy of that original release form.

                                                                                                              And CCbill should really back off once you've shown them that.

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                                                                                                                • Brujah
                                                                                                                  Beer Money Baron
                                                                                                                  • Jan 2001
                                                                                                                  • 22157
                                                                                                                  #29
                                                                                                                  The Perfect10 News popup on their site claims they're suing or have sued Celebrity Sleuth, Swank and Genesis magazines too.

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                                                                                                                    • andi_germany
                                                                                                                      Confirmed User
                                                                                                                      • Oct 2002
                                                                                                                      • 768
                                                                                                                      #30
                                                                                                                      I think this time Perfect 10 has gotten overboard. If you get blocked by AC or your biller you have a law suit against Perfect 10 right there. Malicious Business practises are never ok.
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