Content Providers: Wtf Is Going On

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  • bopha
    Confirmed User
    • Sep 2002
    • 1882
    #1

    Content Providers: Wtf Is Going On

    Months ago I purchased two sets of the Model Called Luxi
    on the Bargain Basement content site. Paid next to nothing for them, but darn it , they sell like crazy for me.

    The model runs a personal site herself and started causing all kinds of crap saying I can't use her stage name on my site.

    Take a look at the model's release"
    http://www.chocobooty.com/luxi.jpg
    It says I can imply that I'm her on the other end of a telephone if I want.

    She has contacted the FBI citing "identity theft" and that I'm stealing her traffic away from her own website. WTF?

    Now she's had an attorney send me papers telling me that using her name is 'actionable' and that I have to remove the images and her name and give her damages.

    First off, Google has: over 10 pages of this girl. She's on hundreds of sites and this is ridiculous.

    Her name is not trademarked anywhere. I've asked for proof, which she has never sent. We've not located it in the trademark or pending trademark datebase.

    Paul emailed her and asked her to stop the harrassment, but she has not.

    Content providers, what are my options here. This is ridculous.
    Tags: None
    • directfiesta
      Too lazy to set a custom title
      • Oct 2002
      • 30172
      #2
      Boneprone fucked her.
      I know that Asspimple is stoopid ... As he says, it is a FACT !

      But I can't figure out how he can breathe or type , at the same time ....

        Comment

        • modelgigtalent
          Confirmed User
          • May 2003
          • 2208
          #3
          Dont worry about it.
          Some dumb model named Ember tried to threaten me even though I bought all of the content from davidlace and matrix
          She was yelling at me on the phone threatening me etc.
          These girls just dont have a clue.


          Web marketing - video editing - color correcting and more. ICQ -165829688

            Comment

            • modelgigtalent
              Confirmed User
              • May 2003
              • 2208
              #4
              Is this her?

              Luxi


              Web marketing - video editing - color correcting and more. ICQ -165829688

                Comment

                • modelgigtalent
                  Confirmed User
                  • May 2003
                  • 2208
                  #5
                  Who knows, crazy chicks man.


                  Web marketing - video editing - color correcting and more. ICQ -165829688

                    Comment

                    • emmanuelle
                      Confirmed User
                      • Mar 2003
                      • 3662
                      #6
                      Hi Bopha

                      A little off topic, but I just noticed that you are linking to Lana's site from the chocobooty tour.
                      You are not linking to the leak free tour offered to affiliates though. Here is where you can get the correct url to link to and have more success with your promotional efforts.
                      http://www.naughtyniche.com/linkcc.pl
                      Last edited by emmanuelle; 02-02-2004, 02:52 PM.

                        Comment

                        • emmanuelle
                          Confirmed User
                          • Mar 2003
                          • 3662
                          #7
                          Originally posted by modelgigtalent
                          Dont worry about it.
                          Some dumb model named Ember tried to threaten me even though I bought all of the content from davidlace and matrix
                          She was yelling at me on the phone threatening me etc.
                          These girls just dont have a clue.

                          Ember's a hottie- my guys love her

                            Comment

                            • liquidmoe
                              Confirmed User
                              • Mar 2002
                              • 4994
                              #8
                              If you have all of your paperwork in order she can cry wolf as much as she wants, doesnt mean anyone is going enforce anything against you.

                              Take Luck!

                                Comment

                                • jmk
                                  Confirmed User
                                  • Sep 2002
                                  • 5391
                                  #9
                                  it is B U L L S H I T

                                    Comment

                                    • bopha
                                      Confirmed User
                                      • Sep 2002
                                      • 1882
                                      #10
                                      Originally posted by modelgigtalent
                                      Is this her?

                                      Luxi
                                      That is her. She's everywhere, under the name Luxi.

                                        Comment

                                        • JesseJimmy
                                          Registered User
                                          • Feb 2003
                                          • 30
                                          #11
                                          Originally posted by jmk
                                          it is B U L L S H I T
                                          I Agree

                                            Comment

                                            • ModelPerfect
                                              Confirmed User
                                              • Nov 2003
                                              • 2862
                                              #12
                                              First of all, the release you have for her is weak. A good lawyer could tear it apart. Secondly, she could very well have a trademark on her name, even if it is not registered. That works similar to a copyright...there does not have to have a paper trail for it to be "actionable". You need to consult an attorney and give him all the information you have on the situation: the release, urls, and all communications. Best to be safe.
                                              Logan
                                              modelperfect [at] gmail.com
                                              http://www.modelperfect.com

                                              (Proudly hosted at www.webair.com )

                                                Comment

                                                • bopha
                                                  Confirmed User
                                                  • Sep 2002
                                                  • 1882
                                                  #13
                                                  Originally posted by ModelPerfect
                                                  First of all, the release you have for her is weak. A good lawyer could tear it apart. Secondly, she could very well have a trademark on her name, even if it is not registered. That works similar to a copyright...there does not have to have a paper trail for it to be "actionable". You need to consult an attorney and give him all the information you have on the situation: the release, urls, and all communications. Best to be safe.
                                                  Wouldn't that fall under Paul Markhams concerns? He's selling her as Luxi and my license doesn't say I can't use that name?


                                                  I'm the customer, purchasing content. Paul himself told me I could use that name as he does on his site.

                                                  Why would I be the one to get an attorney?


                                                  Just curious.

                                                    Comment

                                                    • ModelPerfect
                                                      Confirmed User
                                                      • Nov 2003
                                                      • 2862
                                                      #14
                                                      Originally posted by bopha


                                                      Wouldn't that fall under Paul Markhams concerns? He's selling her as Luxi and my license doesn't say I can't use that name?


                                                      I'm the customer, purchasing content. Paul himself told me I could use that name as he does on his site.

                                                      Why would I be the one to get an attorney?


                                                      Just curious.
                                                      I haven't seen a license...that could change everything. It all depends on what it says. I would assume he would put a clause in it to protect himself. I couldn't tell you without seeing the license, and I'm not a lawyer, so I can only give you my personal advice. Feel free to email me and I'll take a look at it if you want...but like I said, only an attorney can tell you for sure. My contact info is in my sig. I'm leaving right now and won't be back for a few hours, but I'll check it out later if you want. Good luck.
                                                      Logan
                                                      modelperfect [at] gmail.com
                                                      http://www.modelperfect.com

                                                      (Proudly hosted at www.webair.com )

                                                        Comment

                                                        • Nydahl
                                                          Confirmed User
                                                          • Sep 2002
                                                          • 6655
                                                          #15
                                                          contact Charly - he is pro and I am sure he knows what he is doing
                                                          www.garciniatrio.com
                                                          www.acaitrio.com
                                                          www.greencoffeetrio.com

                                                          ICQ 153918034 email [email protected]

                                                            Comment

                                                            • Trent Edison
                                                              Too lazy to set a custom title
                                                              • Jun 2003
                                                              • 6132
                                                              #16
                                                              Originally posted by modelgigtalent
                                                              Is this her?

                                                              Luxi
                                                              This ugly bitch sells? You are talent...

                                                                Comment

                                                                • bopha
                                                                  Confirmed User
                                                                  • Sep 2002
                                                                  • 1882
                                                                  #17
                                                                  How would I get Charly?

                                                                  I wrote Paul but he's not back in until Wednesday.

                                                                  Thank you Modelperfect for your input.

                                                                    Comment

                                                                    • Peter Romero
                                                                      Long time no happy ending
                                                                      • Feb 2003
                                                                      • 10610
                                                                      #18
                                                                      Originally posted by modelgigtalent
                                                                      Dont worry about it.
                                                                      Some dumb model named Ember tried to threaten me even though I bought all of the content from davidlace and matrix
                                                                      She was yelling at me on the phone threatening me etc.
                                                                      These girls just dont have a clue.
                                                                      You shoulda sold me that site and I could have given the lawyer the police reports that I filed on that Psycho bitch from hell - Ember. She was going around trying to get everyone to pull her pictures because she was claiming that she was underage when she shot TONS of PORNO. If that was the case (which it wasn't) the police would call instead of a lawyer - even if that was questionable suspicion. These girls are NUTS and if you take thier word as gold then you are just as crazy. Cover your ass & get everything in writing. Video tape the agreement too while you're at it. Aand get 2 model releases & a witness to them and LOCK THAT SHIT IN A SAFE IN 2 DIFERENT LOCATIONS!!!


                                                                      [email protected]

                                                                      See them all here: https://www.Petergirls.com

                                                                        Comment

                                                                        • Peter Romero
                                                                          Long time no happy ending
                                                                          • Feb 2003
                                                                          • 10610
                                                                          #19
                                                                          Originally posted by bopha
                                                                          Months ago I purchased two sets of the Model Called Luxi
                                                                          on the Bargain Basement content site. Paid next to nothing for them, but darn it , they sell like crazy for me.

                                                                          The model runs a personal site herself and started causing all kinds of crap saying I can't use her stage name on my site.

                                                                          Take a look at the model's release"
                                                                          http://www.chocobooty.com/luxi.jpg
                                                                          It says I can imply that I'm her on the other end of a telephone if I want.

                                                                          She has contacted the FBI citing "identity theft" and that I'm stealing her traffic away from her own website. WTF?

                                                                          Now she's had an attorney send me papers telling me that using her name is 'actionable' and that I have to remove the images and her name and give her damages.

                                                                          First off, Google has: over 10 pages of this girl. She's on hundreds of sites and this is ridiculous.

                                                                          Her name is not trademarked anywhere. I've asked for proof, which she has never sent. We've not located it in the trademark or pending trademark datebase.

                                                                          Paul emailed her and asked her to stop the harrassment, but she has not.

                                                                          Content providers, what are my options here. This is ridculous.
                                                                          Get a lawyer man. You cannot be in this biz without one. Don't waste your time asking GFY - most here are wanna be's that are just guessing. Charly knows his shit, that I can tell you. Tell your harrassing phone callers to call your lawyer & forward the letters to him too. FBI? Helping a porn star with her website traffic? You gotta be kidding.


                                                                          [email protected]

                                                                          See them all here: https://www.Petergirls.com

                                                                            Comment

                                                                            • BrentD
                                                                              ZothNET.com
                                                                              • May 2003
                                                                              • 1426
                                                                              #20
                                                                              Originally posted by bopha
                                                                              Months ago I purchased two sets of the Model Called Luxi
                                                                              on the Bargain Basement content site. Paid next to nothing for them, but darn it , they sell like crazy for me.

                                                                              The model runs a personal site herself and started causing all kinds of crap saying I can't use her stage name on my site.

                                                                              Take a look at the model's release"
                                                                              http://www.chocobooty.com/luxi.jpg
                                                                              It says I can imply that I'm her on the other end of a telephone if I want.

                                                                              She has contacted the FBI citing "identity theft" and that I'm stealing her traffic away from her own website. WTF?

                                                                              Now she's had an attorney send me papers telling me that using her name is 'actionable' and that I have to remove the images and her name and give her damages.

                                                                              First off, Google has: over 10 pages of this girl. She's on hundreds of sites and this is ridiculous.

                                                                              Her name is not trademarked anywhere. I've asked for proof, which she has never sent. We've not located it in the trademark or pending trademark datebase.

                                                                              Paul emailed her and asked her to stop the harrassment, but she has not.

                                                                              Content providers, what are my options here. This is ridculous.
                                                                              I have models try to pull this shit on me all the time, its a losing battle for them I have found out

                                                                              It's the fucking name they chose to model under, signed the release (at least ours) stating this was their name for modeling, its all in the model release whats legal and whats not witht eh model, the release you just showed her is way to standard and doesn't cover anyone's ass. Deal with providers who have decent licenses and releases written by a real attorney, not these providers that write their own standard little release that could shot down in court
                                                                              THIS FORUM SUCKS - RUDE ASS IDIOTS!!!

                                                                                Comment

                                                                                • bopha
                                                                                  Confirmed User
                                                                                  • Sep 2002
                                                                                  • 1882
                                                                                  #21
                                                                                  Originally posted by Trent Edison


                                                                                  This ugly bitch sells? You are talent...

                                                                                  Yes, it is a mystery.

                                                                                    Comment

                                                                                    • Lykos
                                                                                      Too lazy to set a custom title
                                                                                      • Apr 2003
                                                                                      • 31027
                                                                                      #22
                                                                                      I think that she is just trying to take u some easy money...Just get a good loyer and don't be worry

                                                                                        Comment

                                                                                        • SGS
                                                                                          Confirmed User
                                                                                          • Dec 2002
                                                                                          • 5176
                                                                                          #23
                                                                                          Originally posted by bopha
                                                                                          Months ago I purchased two sets of the Model Called Luxi
                                                                                          on the Bargain Basement content site. Paid next to nothing for them, but darn it , they sell like crazy for me.

                                                                                          The model runs a personal site herself and started causing all kinds of crap saying I can't use her stage name on my site.

                                                                                          Take a look at the model's release"
                                                                                          http://www.chocobooty.com/luxi.jpg
                                                                                          It says I can imply that I'm her on the other end of a telephone if I want.

                                                                                          She has contacted the FBI citing "identity theft" and that I'm stealing her traffic away from her own website. WTF?

                                                                                          Now she's had an attorney send me papers telling me that using her name is 'actionable' and that I have to remove the images and her name and give her damages.

                                                                                          First off, Google has: over 10 pages of this girl. She's on hundreds of sites and this is ridiculous.

                                                                                          Her name is not trademarked anywhere. I've asked for proof, which she has never sent. We've not located it in the trademark or pending trademark datebase.

                                                                                          Paul emailed her and asked her to stop the harrassment, but she has not.

                                                                                          Content providers, what are my options here. This is ridculous.
                                                                                          If you are a real webmaster you will have a lawyer. Just speak to him.
                                                                                          See sig...

                                                                                            Comment

                                                                                            • swedguy
                                                                                              Confirmed User
                                                                                              • Jan 2002
                                                                                              • 7981
                                                                                              #24
                                                                                              Originally posted by bopha


                                                                                              That is her. She's everywhere, under the name Luxi.
                                                                                              Next time she harasses you, try to sell her some ass bleach.

                                                                                              http://www.free-asian-sex-now.com/luxi3/luxidildo15.jpg

                                                                                                Comment

                                                                                                • Rochard
                                                                                                  Jägermeister Test Pilot
                                                                                                  • Dec 2001
                                                                                                  • 75761
                                                                                                  #25
                                                                                                  Anyone can sue anyone for any reason these days. Who will win in court is a toss up.

                                                                                                  If you purchased the content from a provider who shot it and it the model release says you can use her name, in concept you should be okay.

                                                                                                  The problem is the girl shot content without any thinking; Suddenly she's got her own site and she figured out that she fucked up. She can go two ways about it - Be a bitch about it (which is what she's doing), or use what she's already shot to make more money.

                                                                                                  No disrespect to the women on this board, but some of these models are just plain dumb and only have the dollar signs in their eyes.
                                                                                                  Herschel Savage
                                                                                                  Brooklyn, NY

                                                                                                    Comment

                                                                                                    • BradShaw
                                                                                                      Confirmed User
                                                                                                      • Oct 2001
                                                                                                      • 7840
                                                                                                      #26
                                                                                                      Originally posted by RocHard
                                                                                                      Anyone can sue anyone for any reason these days. Who will win in court is a toss up.

                                                                                                      If you purchased the content from a provider who shot it and it the model release says you can use her name, in concept you should be okay.

                                                                                                      The problem is the girl shot content without any thinking; Suddenly she's got her own site and she figured out that she fucked up. She can go two ways about it - Be a bitch about it (which is what she's doing), or use what she's already shot to make more money.

                                                                                                      No disrespect to the women on this board, but some of these models are just plain dumb and only have the dollar signs in their eyes.

                                                                                                      Only one who wins in these situations are lawyers.
                                                                                                      Sig too big

                                                                                                      http://www.gofuckyourself.com/gfy_faqs.html

                                                                                                      Want to use a large banner in your sig??? Contact Eric about getting on as an advertiser - eric AT adult.com

                                                                                                        Comment

                                                                                                        • bopha
                                                                                                          Confirmed User
                                                                                                          • Sep 2002
                                                                                                          • 1882
                                                                                                          #27
                                                                                                          Originally posted by SGS


                                                                                                          If you are a real webmaster you will have a lawyer. Just speak to him.
                                                                                                          Now why would you assume that I wasn't a real webmaster?
                                                                                                          I bought content from Paul Markham. Last I heard he was a reputable content provider. If I have to get my own attorney over 5 dollar photosets because they did or didn't cover their own backside with their release, that means anytime some model decides she wants your traffic, YOU have to get your own representation for buying LEGAL purchased content, just to make sure you can use them on your sites. That's completely ridiculous.

                                                                                                          If that is really the case and what I have to do, fine, but why wouldn't the provider be the one to step up to the plate for a situation like this.He purchsed the sets from another photographer. Those sets are on his site right now under the name Luxi. I didn't get any emails from Nikki Nova telling me I couldn't use her name on my website from pics I bought from other providers? Should I retain an attorney just incase she decides she wants my traffic too?

                                                                                                          I'm a customer of Paul Markham. I should be covered without having to ask my legal counsel if it's ok if I can use pics I bought from him.



                                                                                                            Comment

                                                                                                            • ModelPerfect
                                                                                                              Confirmed User
                                                                                                              • Nov 2003
                                                                                                              • 2862
                                                                                                              #28
                                                                                                              Originally posted by bopha


                                                                                                              Now why would you assume that I wasn't a real webmaster?
                                                                                                              I bought content from Paul Markham. Last I heard he was a reputable content provider. If I have to get my own attorney over 5 dollar photosets because they did or didn't cover their own backside with their release, that means anytime some model decides she wants your traffic, YOU have to get your own representation for buying LEGAL purchased content, just to make sure you can use them on your sites. That's completely ridiculous.

                                                                                                              If that is really the case and what I have to do, fine, but why wouldn't the provider be the one to step up to the plate for a situation like this.He purchsed the sets from another photographer. Those sets are on his site right now under the name Luxi. I didn't get any emails from Nikki Nova telling me I couldn't use her name on my website from pics I bought from other providers? Should I retain an attorney just incase she decides she wants my traffic too?

                                                                                                              I'm a customer of Paul Markham. I should be covered without having to ask my legal counsel if it's ok if I can use pics I bought from him.



                                                                                                              I don't know Paul Markham personally, but I have heard of him and have no reason to suspect he's anything but reputable. But just because you buy from a reputable source cannot completely shelter you from every possible legal scenario. Nobody can guarantee that; shit happens. It's unfortunate, but it happens. People can sue anyone for any reason; that doesn't mean they'll win, but not having a lawyer certainly increases their odds. As I stated before, I would highly recommend you at least talk with an attorney experienced in contractual agreements, trademarks and has some understanding of the industry.
                                                                                                              Logan
                                                                                                              modelperfect [at] gmail.com
                                                                                                              http://www.modelperfect.com

                                                                                                              (Proudly hosted at www.webair.com )

                                                                                                                Comment

                                                                                                                • bopha
                                                                                                                  Confirmed User
                                                                                                                  • Sep 2002
                                                                                                                  • 1882
                                                                                                                  #29
                                                                                                                  Your right. Thank you all for your input on the thread.

                                                                                                                    Comment

                                                                                                                    • Sylver7
                                                                                                                      Confirmed User
                                                                                                                      • Nov 2003
                                                                                                                      • 489
                                                                                                                      #30
                                                                                                                      I don't think people in the industry know how good they have it right now. Just STFU and go make some money while it's still out there.

                                                                                                                        Comment

                                                                                                                        • VirtuMike
                                                                                                                          Confirmed User
                                                                                                                          • May 2002
                                                                                                                          • 2483
                                                                                                                          #31
                                                                                                                          That is one of the worst model releases I have ever seen.

                                                                                                                          I'd be nervous. A real lawyer would destroy that hahahahahahahahahaha Get a lawyer.
                                                                                                                          Host it in AMSTERDAM at EUROTIVITY! - We also offer BACKUP SERVICES!

                                                                                                                          XYZZY4L

                                                                                                                            Comment

                                                                                                                            • Paul Markham
                                                                                                                              Too old to care
                                                                                                                              • Jun 2001
                                                                                                                              • 52942
                                                                                                                              #32
                                                                                                                              OK, I'm beack from Praguew now and dealing with the situation.

                                                                                                                              If you have had a letter from a lawyer you have to go see one your self or cave in to her demands. It does not matter if the model release is as loose as this or if it 100 pages long.

                                                                                                                              SEE A LAWYER.

                                                                                                                              I've contacted the photographer and waiting for him to get back to me, he could be anywhere in the UK shooting.



                                                                                                                              Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500.
                                                                                                                              PM me for a deal. Skype Paulmarkham70

                                                                                                                                Comment

                                                                                                                                • Steve
                                                                                                                                  Confirmed User
                                                                                                                                  • Feb 2001
                                                                                                                                  • 6894
                                                                                                                                  #33
                                                                                                                                  Originally posted by modelgigtalent
                                                                                                                                  Is this her?

                                                                                                                                  Luxi
                                                                                                                                  why would you buy pics of her?

                                                                                                                                    Comment

                                                                                                                                    • frank7799
                                                                                                                                      Confirmed User
                                                                                                                                      • Jul 2003
                                                                                                                                      • 1974
                                                                                                                                      #34
                                                                                                                                      Originally posted by charly
                                                                                                                                      OK, I'm beack from Praguew now and dealing with the situation.

                                                                                                                                      If you have had a letter from a lawyer you have to go see one your self or cave in to her demands. It does not matter if the model release is as loose as this or if it 100 pages long.

                                                                                                                                      SEE A LAWYER.

                                                                                                                                      I've contacted the photographer and waiting for him to get back to me, he could be anywhere in the UK shooting.
                                                                                                                                      The problem is that you can´t answer the question globally. The model´s rights depend on the country where the case takes place.

                                                                                                                                      In Germany for example you eed twice: a modelrelease which allows you to make the pics and a license agreement which allows you to sell the content: §§ 22 KUG is the law which is involved. There is a typical german special: a model can deny publishing content, if there are circumstances which have changed after doing the content.

                                                                                                                                      A trademark can´t deny you providing the content, if the trademark is younger then your site is for priority reasons.

                                                                                                                                      That is maybe different in the US, so I would contact a lawyer who specialized in trademark law.

                                                                                                                                        Comment

                                                                                                                                        • jaYMan
                                                                                                                                          peace&profit,
                                                                                                                                          • Jan 2001
                                                                                                                                          • 4885
                                                                                                                                          #35
                                                                                                                                          nothing like good ole model drama!
                                                                                                                                          peace&profit,
                                                                                                                                          jaYMan

                                                                                                                                            Comment

                                                                                                                                            • domaingirls
                                                                                                                                              Confirmed User
                                                                                                                                              • Oct 2002
                                                                                                                                              • 119
                                                                                                                                              #36
                                                                                                                                              that release sucks... and what is up with the text for that section looking different then the rest? Like it was added later.. if your paperwork is not legal then it is worthless and so is the material being shot. so as said in here get a lawyer

                                                                                                                                              DomainGirls.com                                                                                                                                               for all your adult content needs.


                                                                                                                                              go to HERE for adult webmaster services.

                                                                                                                                                Comment

                                                                                                                                                • ModelPerfect
                                                                                                                                                  Confirmed User
                                                                                                                                                  • Nov 2003
                                                                                                                                                  • 2862
                                                                                                                                                  #37
                                                                                                                                                  Originally posted by domaingirls
                                                                                                                                                  that release sucks... and what is up with the text for that section looking different then the rest? Like it was added later.. if your paperwork is not legal then it is worthless and so is the material being shot. so as said in here get a lawyer
                                                                                                                                                  I don't think it's even 2257 compliant...2257 requires that you list every real, stage, professional or nick name *ever* used by the model.
                                                                                                                                                  Logan
                                                                                                                                                  modelperfect [at] gmail.com
                                                                                                                                                  http://www.modelperfect.com

                                                                                                                                                  (Proudly hosted at www.webair.com )

                                                                                                                                                    Comment

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