Drama? Maybe? ...Legal question! - GoFuckYourself.com

Xplicit · 09-03-2005, 08:09 PM

Ok, so lets say I make a fake blog for some chick whos featured on a Reality Site owned by a major legit sponsor (all 2257 stuff is in order, etc).

On the blog I make some fake entries to make it sound like a real girl, normal shit.

I feature some pics PROVIDED BY the sponsor, and link them to only the sponsor who provided them.

THEN, the model herself emails me:

Quote:

why are you using photos from some of our videos and pretending to be me?
I DO NOT like this site page better be removed or we will persue legal action.

I am now now contracted to model for another company and changed my looks a tad bit and you will ruin my new image.

Obviously theres no issues using the CONTENT provided by the sponsor.

But can you get in trouble for basically making a site pretending to be the model herself? (Such as a fake personal blog) ??

I mean I see this shit all the time... does the model really have any legal grounds?

MikeVega · 09-03-2005, 08:15 PM

I'm pretty sure i wouldn't want you pretending to be one of my models ... I'm not sure if it's illegal but i would think she would have a shot at suing you and winning something

Xplicit · 09-03-2005, 08:18 PM

Quote:

Originally Posted by MikeVega

I'm pretty sure i wouldn't want you pretending to be one of my models ... I'm not sure if it's illegal but i would think she would have a shot at suing you and winning something

Really? Even to promote YOUR site??

RRRED · 09-03-2005, 08:18 PM

She shouldn't have got naked in front of a camera and signed a model release

$5 submissions · 09-03-2005, 08:20 PM

It depends on how WIDE the release is. Rights to image vs. rights to derivative content based on image.

cjaccardi · 09-03-2005, 09:48 PM

depends if the model site name of model is owned by the sponsor program

MikeVega · 09-03-2005, 09:53 PM

Quote:

Originally Posted by Xplicit

Really? Even to promote YOUR site??

the only thing that makes me uneasy is the part about you pretending to be her .... we put time and effort to create our models public image .. if you hit me up and told me i would supply you with journal entries from her site to help you promote her in the way you are trying ... not having no control of what you say in the persona of my product ..make me worry ... but i don't think she would have a say ..

bringer · 09-03-2005, 09:55 PM

Quote:

Originally Posted by MikeVega

the only thing that makes me uneasy is the part about you pretending to be her .... we put time and effort to create our models public image .. if you hit me up and told me i would supply you with journal entries from her site to help you promote her in the way you are trying ... not having no control of what you say in the persona of my product ..make me worry ... but i don't think she would have a say ..

icq much?

Donny · 09-03-2005, 09:57 PM

Ask the sponsor what they think of the situation. If they like it, that's great. I don't think she has a legal claim. But I am not an attorney.

MikeVega · 09-03-2005, 09:59 PM

Quote:

Originally Posted by bringer

icq much?

what gave it away the ...

bringer · 09-03-2005, 10:00 PM

Quote:

Originally Posted by MikeVega

what gave it away the ...

RRRED · 09-03-2005, 10:01 PM

Quote:

Originally Posted by MikeVega

what gave it away the ...

Haha is that what that means?

GFED · 09-03-2005, 10:03 PM

Quote:

Originally Posted by MikeVega

what gave it away the ...

lol...

Doctor Dre · 09-03-2005, 10:46 PM

Quote:

Originally Posted by Xplicit

Ok, so lets say I make a fake blog for some chick whos featured on a Reality Site owned by a major legit sponsor (all 2257 stuff is in order, etc).

On the blog I make some fake entries to make it sound like a real girl, normal shit.

I feature some pics PROVIDED BY the sponsor, and link them to only the sponsor who provided them.

THEN, the model herself emails me:

Obviously theres no issues using the CONTENT provided by the sponsor.

But can you get in trouble for basically making a site pretending to be the model herself? (Such as a fake personal blog) ??

I mean I see this shit all the time... does the model really have any legal grounds?

Since the model herself is a "persona" and not a real person (nickname etc) I don't think she can sue you for that . Better ask a lawyer thought

2257-Ben · 09-03-2005, 10:48 PM

As long as the blog site is clearly parody or satire, you should be protected by the same ruling that Larry Flynt was covered by. Once someone has opened themselves up to a public 'celebrity' status they are pretty much fair game for parody or satire.

iwantchixx · 09-03-2005, 11:49 PM

bah, it's called marketing. If models get upset over than then every gallery builder out there could get sued by models.

Xplicit · 09-04-2005, 02:16 AM

Quote:

Originally Posted by iwantchixx

bah, it's called marketing. If models get upset over than then every gallery builder out there could get sued by models.

Not to mention how many models pose for some 'production' company with no idea theyll end up on a site calling them sluttywhorecumbags.com

Slap Dot · 09-04-2005, 02:26 AM

Ask the sponsor, if they give you the okay, tell her to fuck off.

facialfreak · 09-04-2005, 03:25 AM

A model's personal like or dislike of a site does not give her any grounds for litigations.

If she signed over FULL RIGHTS to her images to the sponsor/photog/whatever, then she has no say at all .... sorry!

You're best bet is to ask the sponsor what kind of contract she signed. If she gave up all rights to the images (such is the case in most model contracts), then she is just blowing smoke up your ass!

In the event that the model has even a 5% involement in the marketing of the site, and this is in signed contract, then you are best to take the blog down just to avoid the hassles.

09-03-2005, 08:15 PM	#2
MikeVega Porntrepreneur Industry Role: Join Date: Jul 2004 Location: New York Posts: 12,788	I'm pretty sure i wouldn't want you pretending to be one of my models ... I'm not sure if it's illegal but i would think she would have a shot at suing you and winning something __________________ Mike Vega-ICQ:253868499-AIM:mikeydicevega

09-03-2005, 08:20 PM	#5
$5 submissions I help you SUCCEED Industry Role: Join Date: Nov 2003 Location: The Pearl of the Orient Seas Posts: 32,195	It depends on how WIDE the release is. Rights to image vs. rights to derivative content based on image. __________________ Need a NON-ADULT income stream? We build your YOUTUBE CHANNEL for only $20 per video! For Hire: $3/hour or $400 per month Marketing Specialist Virtual Assistants

09-03-2005, 10:48 PM	#15
2257-Ben Confirmed User Join Date: Jun 2005 Location: Dinuba, CA Posts: 633	As long as the blog site is clearly parody or satire, you should be protected by the same ruling that Larry Flynt was covered by. Once someone has opened themselves up to a public 'celebrity' status they are pretty much fair game for parody or satire. __________________ 2257-Ben www.2257ware.com The BEST, most compliant 2257 record-keeping software available. Period.

09-04-2005, 02:26 AM	#18
Slap Dot Confirmed User Industry Role: Join Date: Aug 2004 Location: BASS Posts: 3,168	Ask the sponsor, if they give you the okay, tell her to fuck off. __________________ » AIM: slapdotted » Skype: slapdot » ICQ: 190444

09-04-2005, 03:25 AM	#19
facialfreak Confirmed User Join Date: Feb 2005 Location: Montreal Posts: 3,018	A model's personal like or dislike of a site does not give her any grounds for litigations. If she signed over FULL RIGHTS to her images to the sponsor/photog/whatever, then she has no say at all .... sorry! You're best bet is to ask the sponsor what kind of contract she signed. If she gave up all rights to the images (such is the case in most model contracts), then she is just blowing smoke up your ass! In the event that the model has even a 5% involement in the marketing of the site, and this is in signed contract, then you are best to take the blog down just to avoid the hassles. __________________ Managed Shared Hosting starting at $4.99/mo Managed VPS starting at $29.99/mo

09-03-2005, 08:18 PM	#4
RRRED Confirmed User Join Date: Jan 2001 Location: WA Posts: 6,754	She shouldn't have got naked in front of a camera and signed a model release

09-03-2005, 09:48 PM	#6
cjaccardi Confirmed User Join Date: Feb 2005 Posts: 406	depends if the model site name of model is owned by the sponsor program

09-03-2005, 09:57 PM	#9
Donny As you wish... Industry Role: Join Date: May 2002 Posts: 13,754	Ask the sponsor what they think of the situation. If they like it, that's great. I don't think she has a legal claim. But I am not an attorney.

09-03-2005, 11:49 PM	#16
iwantchixx Too lazy to set a custom title Industry Role: Join Date: Oct 2002 Location: The Boonies Posts: 12,860	bah, it's called marketing. If models get upset over than then every gallery builder out there could get sued by models.