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.

Boneprone fucked her.

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.

Is this her?

Luxi

Who knows, crazy chicks man.

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

Ember's a hottie- my guys love her

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.

it is B U L L S H I T :)

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

I Agree

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.

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.

contact Charly - he is pro and I am sure he knows what he is doing

This ugly bitch sells? You are talent...

How would I get Charly?

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

Thank you Modelperfect for your input.

:1orglaugh :1orglaugh :1orglaugh 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!!!

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.

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:(

Yes, it is a mystery.:1orglaugh

I think that she is just trying to take u some easy money...Just get a good loyer and don't be worry:thumbsup

If you are a real webmaster you will have a lawyer. Just speak to him. :2 cents:

Next time she harasses you, try to sell her some ass bleach.

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

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.

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.



:helpme

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.

Your right. Thank you all for your input on the thread.

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.

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.

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.

why would you buy pics of her?

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.

nothing like good ole model drama!

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.