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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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#1 |
Confirmed User
Join Date: Nov 2002
Location: uk
Posts: 648
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![]() 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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#2 |
Confirmed User
Join Date: Jul 2001
Location: The Netherlands
Posts: 3,400
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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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#3 |
Beer Money Baron
Industry Role:
Join Date: Jan 2001
Location: brujah / gmail
Posts: 22,157
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Neat.
Perfect 10 owns the copyrights to other photographers work.
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#4 |
Confirmed User
Join Date: Feb 2003
Location: Prague
Posts: 742
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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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#5 | |
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Join Date: Sep 2002
Posts: 3,626
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#6 | |
Orgasms N Such!
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Join Date: Sep 2002
Location: Oakville, Ontario
Posts: 18,135
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#7 |
Confirmed User
Join Date: May 2001
Location: Portland, OR, USA
Posts: 5,279
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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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#8 | |
Confirmed User
Join Date: Feb 2003
Location: Prague
Posts: 742
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#9 |
Confirmed User
Join Date: Feb 2001
Location: State of Denial
Posts: 1,147
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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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#10 |
lol
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Join Date: Jan 2002
Posts: 15,969
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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? |
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#11 | |
Confirmed User
Join Date: Apr 2002
Location: Tempe, AZ
Posts: 1,496
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Quote:
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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#12 |
Confirmed User
Join Date: Nov 2002
Location: uk
Posts: 648
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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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#13 |
Beer Money Baron
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Join Date: Jan 2001
Location: brujah / gmail
Posts: 22,157
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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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#14 | |
Orgasms N Such!
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#15 |
No Refunds Issued.
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Join Date: Feb 2001
Location: GFY
Posts: 28,300
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Perfect10 can suck my fat cock
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#16 |
Beer Money Baron
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Join Date: Jan 2001
Location: brujah / gmail
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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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#17 |
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Join Date: Feb 2003
Location: USA
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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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#18 | |
Confirmed User
Join Date: Feb 2003
Location: Prague
Posts: 742
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Quote:
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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#19 | |
Beer Money Baron
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#20 | |
Confirmed User
Join Date: Feb 2003
Location: Prague
Posts: 742
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Quote:
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.. ![]() ![]()
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#21 | |
Orgasms N Such!
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#22 |
Beer Money Baron
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Join Date: Jan 2001
Location: brujah / gmail
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"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.
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#23 |
Confirmed User
Join Date: Nov 2002
Location: uk
Posts: 648
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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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#24 | |
Too old to care
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Join Date: Jun 2001
Location: On the sofa, watching TV or doing my jigsaws.
Posts: 52,943
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Quote:
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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#25 | |
Beer Money Baron
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Join Date: Jan 2001
Location: brujah / gmail
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#26 | |
Too old to care
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Join Date: Jun 2001
Location: On the sofa, watching TV or doing my jigsaws.
Posts: 52,943
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Quote:
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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#27 | |
Confirmed User
Join Date: Feb 2003
Location: Prague
Posts: 742
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Quote:
He can spend the rest of his life on a wild goose chase... ![]()
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#28 |
Confirmed User
Join Date: Nov 2002
Posts: 7,761
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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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#29 |
Beer Money Baron
Industry Role:
Join Date: Jan 2001
Location: brujah / gmail
Posts: 22,157
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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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#30 |
Confirmed User
Join Date: Oct 2002
Location: Germany
Posts: 768
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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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