Girl sues porn firm over pic

[leroytrolley]

Girl sues porn firm over pic

By ONLINE REPORTER
August 13, 2007


COMMENT ON THIS STORY

A TEENAGE photographer is suing a US porn film company after it used a photograph of her aged 14 on the cover of one of its DVDs, her lawyer said.
Lara Jade Coton, now 18, of Tamworth, Staffordshire, said she was "absolutely horrified" that her self-portrait, which was on the internet, had been used as the DVD cover and face art for the sexually explicit film Body Magic without her permission.

Miss Coton is now suing the firm, TVX Films of Texas, after she complained and received an email blaming her for disappointing sales of the DVD, her lawyer Richard Harrison said.

She filed a lawsuit in federal court in Tampa, Florida, which accuses TVX Films and its president Bob Burge of copyright infringement, civil conspiracy, misappropriation of her image, invasion of privacy and intentional infliction of emotional distress.

Miss Coton said: "I was absolutely horrified to see my work and my own picture being used on that kind of movie. It's just appalling."

Mr Harrison, of law firm Allen Dell PA, said when Miss Coton contacted the film company, its president Bob Burge responded by ridiculing her and accusing her of trying to perpetrate some kind of scam.

Mr Harrison said: "Adding insult to injury the company had the audacity to blame Lara Jade for the disappointing sales of its porn movie."

He said TVX Films president Bob Burge wrote in an email: "Actually, removing your image will help improve the sale of the DVD. So far it bombed."

Mr Harrison said: "We're asking a jury to award damages, including punitive damages, for the outrageous conduct of Burge and TVX.

"We're also asking the court to stop these pornographers from using the picture and to impound any copies of the movie or other materials on which Lara Jade's picture appears."

He went on: "If it's not a crime to put a 14-year-old child on the cover of a porn video, it sure ought to be."

Mr Harrison said the case showed how easily children could be victimised in the age of social networking sites like MySpace and Facebook.

"This amazing technology allows us all to share our photos with friends and loved ones, but parents must realise that any picture a child puts on the internet is about three mouse clicks away from being stolen by anybody," he said.

[Xplicit]

Well, at least it doesnt appear he used the image to sell the DVD to people looking for kiddy porn. I'd have no guess that the girl in this pic is 14.

But still fucked to use it without permission.

[Dvae]

Originally Posted by Xplicit

But still fucked to use it without permission.

Welcome to Web 2.0...

[AsianDivaGirlsWebDude]

Originally Posted by Xplicit

Well, at least it doesnt appear he used the image to sell the DVD to people looking for kiddy porn. I'd have no guess that the girl in this pic is 14.

But still fucked to use it without permission.

Cover image currently on their site...



ADG

[Extreme John]

If her claims are true thats fucked up.

[HeadPimp]

That is fucked up... Sounds like they will lose that one and rightly so since from what all is being said, they don't have a license to the image.

But.... since the original was a self portrait and she distributed it, doesn't that make her guilty of producing and distributing underage porn?

[RayBonga]

That's just dumb

[Aquarius]

Someone is getting into a lot of problems.

[BoyAlley]

Originally Posted by Extreme John

If her claims are true thats fucked up.

BIG TIME fucked up.

[Young]

Her accusations are true. This story was on Digg a couple of weeks back. The images were taken from her Deviant Art page and was brought to her attention by another member.

[~Ray]

that guy sounds like he hates women

[Swish]

Originally Posted by HeadPimp

That is fucked up... Sounds like they will lose that one and rightly so since from what all is being said, they don't have a license to the image.

But.... since the original was a self portrait and she distributed it, doesn't that make her guilty of producing and distributing underage porn?

How is the image on the disc (the one of the girl in question) porn?

[RawAlex]

Let's break out the timeline picture to go with this one...

This girl has been trying her case in the court of online opinion for about 4 months now, and at each step she fails to address the simple issues:

Did she put the image on the net at any time with any open ended licensing (such as creative commons).

Did she ever sell the image or grant the use of it to anyone ever?

My fear is that this girl has been so vocal not because she feels infringed, but rather because her case is weak and she is trying to force a settlement on a company that likely has no interest.

Example: Someone scoops the image. Posts it on a "open license" website, and sells the usage rights for a couple of dollars a shot. The guy doing the DVD design goes online, buys the rights for a couple of bucks, and uses the image.

Now, who is in the wrong? Everyone. But the girl needs to contact them (in writing) with proof that she owns the image and full claim that nobody else has the rights to the image, and I am sure the company would have taken the normal steps.

She took it public, and now she is getting slapped back.

[Intricate]

Deviant Art now sells "Deviant Wear" hah..

[zand_stein]

This is such very nice story.......

[Fap]

Originally Posted by Dvae

Welcome to Web 2.0...

Well said

[Clark Miller]

web 2.0 has advantages; I like being able to rip information when it comes to electronics etc

[[ScreaM]]

man that is fucked up.

[NemesisEnforcer]

Looks like she won her case ... $129,000.00:

$100,000 in compensatory damages for defamation by implication
25,000 in compensatory damages for misappropriation of her likeness
$4,249 for copyright infringement

Photographer Prevails in Suit Against Porn Company

TAMPA, Fla., Sept. 20 /PRNewswire/ -- Teenaged photographer Lara Jade Coton never expected one of her photos to turn up on the cover of a pornographic movie. She certainly never expected to see a picture of herself used in that fashion. But that is just what Lara Jade found, three years ago, when she discovered that an innocent self-portrait, taken when she was only 14 years old, was used without her permission as the cover of the sexually explicit movie, "Body Magic."

In the three years since that horrible discovery, Lara Jade has achieved international acclaim as a professional photographer. Her work has graced the covers of numerous fashion magazines, been licensed by major publishing houses and generated millions of views online. She is sponsored by leading industry players like Canon® and Bowens Lighting® and has worked throughout Europe and in the United States. By any measure, Lara Jade is a rising star in the world of photography.

Now a federal court in Tampa has awarded Lara Jade nearly $130,000 in damages for copyright infringement, misappropriation of her image and damages to her reputation. The court found that Lara Jade suffered personal and professional humiliation, harm to her career, and damage to her physical health. United States Magistrate Judge Thomas G. Wilson, in his order rendered September 16, 2010, described the conduct of pornographer Robert Burge and his company, TVX, as "morally wrong and tortious." By misappropriating her image and using it in connection with their adult film, Burge and TVX improperly suggested that Lara Jade was a participant in, or otherwise connected with, the pornographic entertainment industry. The harm suffered by Lara Jade was also compounded, according to Judge Wilson, by Burge's "offensive and belittling" treatment of her after the misuse of her photograph was discovered.

Lara Jade, now 21 years old, lives and works in London and New York. "Everything I wanted to accomplish through this legal action has now come to pass," said Lara Jade. "I defended my intellectual property rights in my work as well as my personal character and professional reputation." The case should signal to other artists that their copyrights will be protected and enforced, Lara Jade observed, if they are willing to fight the often long and sometimes frustrating legal battles required to hold the infringers accountable. "I'm glad that I fought for three years for what I knew was right," Lara Jade said, "and of course I am completely delighted with the court's decision in the matter."

Tampa attorney Richard A. Harrison, who represented Lara Jade, echoed her sentiments. "The court's decision is a complete vindication of Lara Jade's personal and professional reputations," he noted, as well as a strong message to those who help themselves to the creative work of others without permission or compensation. "Be prepared to get sued," he warned, "and be prepared to lose." "Copyright infringement," he observed further, "can be an expensive proposition."

Lara Jade Coton is a professional photographer and model. She took up the art of photography at the age of 14 and also works in photo manipulation and digital art. Her work can be seen at www.larajade.co.uk.
Richard A. Harrison is a shareholder with the firm of Allen Dell, P.A., in Tampa, Florida. The firm has 20 attorneys and has been established in Tampa for nearly 85 years. The firm's website is at www.allendell.com.

The case is Lara Jade Coton vs. Televised Visual X-Ography, Inc. and Robert Augustus Burge, United States District Court for the Middle District of Florida, Case No. 8:07-CV-1332-T-TGW. The court's September 16, 2010, Order and the judgment for damages are available upon request via email.

http://www.prnewswire.com/news-relea...103339834.html

Photographer Wins $129K Against Pornographer

A young British fashion photographer has won $129,249 in damages against a pornographic movie distributor who used a self-portrait of the photographer as cover art for an X-rated DVD without permission. The award was for defamation, misappropriation for commercial purposes, and copyright infringement.

Lara Jade Coton filed suit in Florida in 2007 against Robert Burge of Florida and his company, Televised Visual X-ography, after she learned that Burge used one of her self-portraits for a DVD called Body Art. The image (reproduced at right), shot in 2004 when Coton was 14, shows her in a formal dress and top hat in front of a window. She uploaded the image to a site called deviantART.com, where photographers post images to get feedback and sell their work.

Coton confronted Burge by e-mail after learning in early 2007?when she was 17? that TVX was using her self-portrait without permission to promote the DVD. ?I am absolutely disgusted that you?ve used my artwork for such a subject,? Coton wrote, and demanded that Burge remove the DVD from distribution and destroy all the artwork. In a subsequent e-mail, she reiterated her demand, and asked for compensation for unauthorized use of her image.

Burge responded that he had outsourced the package design of the DVD to another company, which downloaded the image from a ?company?on the internet that is a public domain operation.?

Burge continued, ?You knew this when you originally sent us your scheming letter. Nice try toots. We are still going to remove you from the art, not because of your claim but let?s face it your picture means very little to the film.?

The two exchanged more testy e-mails, and Coton said, ?This isn?t about money, I was disgusted that you were using my photograph for such an awful subject.?

Finally, in March 2007, she received e-mails from Burge and the graphic artist behind the cover art, saying that 811 unsold DVDs of 1,000 originally distributed had been taken off the shelves and the artwork had been destroyed.

Suffering emotional distress over what had happened, Coton sued for copyright infringement, misappropriation of her likeness for commercial purposes, and defamation by implication. Because Burge and TVX failed to respond to her suit, she won a default judgement against them.

The federal court in Tampa, Florida where Coton filed her claim held a non-jury trial in July to determine damages. The judge issued a final order on damages September 16, awarding the photographer $100,000 in compensatory damages for defamation by implication. The judge said that award was reasonable because the defendants? unauthorized use of her image ?improperly suggests the plaintiff?s participation in, or her willing association with, the pornographic industry.?

Finding that Coton suffered harm to her professional reputation, the court awarded her an additional $25,000 in compensatory damages for misappropriation of her likeness. But the judge denied her request for another $25,000 in punitive damages on that count because there was no evidence TVX and Burges had knowingly violated her rights of publicity, the judge said.

For her copyright infringement claim, Coton was awarded $4,249. That included $3,077 in actual damages?equal to a reasonable license fee for the use, plus $1,172 for TVX?s estimated profits from the sale of 189 copies of the DVD.

After winning the award, Coton wrote on her blog, ?I was so glad to stand up for myself in court and prove to everyone I wasn?t just ?a girl that had her picture stolen for a pornographic DVD? but I?d established a successful career in photography and I hoped that fighting this case would give inspiration to many other young (and older!) photographer?s out there that copyright IS an issue.?

She added, ?Remember to be wise about where you upload your images [and] the size you upload them.?

http://pdnpulse.com/2010/09/photogra...nographer.html

[NaughtyRob]

And this guy didnt go to jail?

[_Richard_]

Originally Posted by AsianDivaGirlsWebDude

Cover image currently on their site...



ADG

isn't there a screen shot of her on the back?

and people still have 80s hair in texas?

[rogueteens]

the pic is actually quite a nice photo, i mean the one of the girl who sued not that new box art pic from the 80s

http://pdnpulse.com/wp-content/uploa...de-coton11.jpg

[NemesisEnforcer]

Originally Posted by NaughtyRob

And this guy didnt go to jail?

It was a civil case.

[will76]

congrats to her, but will she actually receive any money.

[Frisky Cash]

Well after all is said and done I'm sure she was glad it happened as its not everyday when ur 17 or 18 you get a cheque for $129,000 for a self portrait.

[ArsewithClass]

Originally Posted by [ScreaM]

man that is fucked up.

How are you Scream.. Glad to see you around man

[jabula]

Looks like his problems are only beginning ...

[rogueteens]

Originally Posted by ArsewithClass

How are you Scream.. Glad to see you around man

check the date

[TCLGirls]

Originally Posted by NaughtyRob

And this guy didnt go to jail?

Why would he go to jail?

This wasn't a criminal prosecution. It was a civil monetary case.

[mozadek]

Time to appeal the judgement.

[Si]

Originally Posted by ArsewithClass

How are you Scream.. Glad to see you around man

[spazlabz]

this is the box art that Daily Mail UK is reporting is the one in question



http://www.dailymail.co.uk/news/arti...ilm-photo.html

[JustDaveXxx]

Somebody is gonna pay out big time.


My close friend had a designer that used a few mainstream modeling pics for his strip club "add campaign". It included banners, posters, flyers, etc, and he got sued big time.He paid out 75K because the designer in fact had no contracts or legal right to use those photos in the add campaign.


That was a big fucking OOPPPs!

[Tempest]

What sort of moron would use any old photo for the cover of a porn DVD.. Seriously.. Morons.

[spazlabz]

Originally Posted by Tempest

What sort of moron would use any old photo for the cover of a porn DVD.. Seriously.. Morons.

Televised Visual X-Ography, Inc. and Robert Augustus Burge

That's who

[Si]

Originally Posted by spazlabz

Televised Visual X-Ography, Inc. and Robert Augustus Burge

That's who

[ArsewithClass]

Originally Posted by rogueteens

check the date

Oops, Okey dokey... however, I do want to know.... Have you nothing better to do than check my posts & then the posts of others that Im actually posting to?

[ArsewithClass]

Originally Posted by Si

I dont check dates & dont expect threads to be jumped from years back... however, was glad for the update from NemesisEnforcer ;)

[bjlover]

Originally Posted by ArsewithClass

I dont check dates & dont expect threads to be jumped from years back... however, was glad for the update from NemesisEnforcer ;)

god you are stupid, you aids ridding lump of horse shit

[TheDA]

British photographer wins £82,000 damages after US porn firm uses picture of her AGED 14 on cover of explicit DVD

http://www.dailymail.co.uk/news/arti...licit-DVD.html

[BlackCrayon]

Originally Posted by AsianDivaGirlsWebDude

Cover image currently on their site...



ADG

the girl on this cover is 14?? damn...you would never think so.

[Davy]

Somebody should sue all those ex-Girlfriend sites.

[AsianDivaGirlsWebDude]

Good for her...

Damn, she has a great portfolio!







ADG

[closer]

Originally Posted by Davy

Somebody should sue all those ex-Girlfriend sites.

I am amazed they existed already for this long actually

[TheDA]

Originally Posted by BlackCrayon

the girl on this cover is 14?? damn...you would never think so.

That's not the cover. The cover in question is in the article I linked to.

[Jay-Rock]

I did DVD authoring for Bob Burge in Houston before I was shooting porn. He told me a lot of great stories about the early days of porn. It is one of the things that inspired me to get into porn. Good luck Bob.