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-   -   'Girls Gone Wild' woman wins lawsuit (https://gfy.com/showthread.php?t=487071)

pornguy 06-30-2005 01:28 PM

'Girls Gone Wild' woman wins lawsuit
 
(June 30) A jury on Wednesday ordered the company that produces the Girls Gone Wild videos to pay $60,150 for filming and using the image of a Virginia Beach woman without her written consent. "They needed a smack-down, and they got one," said Kevin E. Martingayle, attorney for Debbie Aficial, 26. "Maybe they should stay in California from now on."

http://home.hamptonroads.com/stories...546&ran=168596


This is bad news for people that shoot things in public.

khs 06-30-2005 01:31 PM

interesting

mahoney 06-30-2005 01:33 PM

Wow that's a first. Is Joe Frances a free man or what?

jaYMan 06-30-2005 01:33 PM

60k. thats not too many dvds to have to sell to recoup. wonder if the national press brought more than that on sales from name branding...

yah bad news for public shooters for sure.

Sosa 06-30-2005 01:33 PM

60k isn't shit to him.

KMR Stitch 06-30-2005 01:35 PM

Quote:

In testimony this week, Aficial acknowledged giving her verbal permission to have her image used in the video. She did not expose herself but encouraged Davalle to participate and kissed Davalle on camera, according to testimony.
This is how she started to lose the trial

Quote:

Aficial said she was embarrassed and humiliated because of her appearance in the video.
This is how she swayed the jury
Quote:

She said she did not know the video would receive worldwide distribution
This is how playing dumb works
Quote:

after drinking alcohol, she agreed to be a part of the production.
\
This is how she won

Greg Jacobson 06-30-2005 01:37 PM

LOL! The Girls Gone Wild office is 2 blocks from mine. They are in a SWEET building.

FilthyRob 06-30-2005 01:37 PM

Setting precedences like this makes for more lawsuits

pornguy 06-30-2005 01:38 PM

In most states being drunk does not allow you to side step a law, or to use the I did not know because I was drunk routine.

sonofsam 06-30-2005 01:39 PM

Quote:

Originally Posted by KMR Stitch
This is how she started to lose the trial


This is how she swayed the jury

This is how playing dumb works
\
This is how she won

http://www.hallmarkchannel.com/data/...atlock_2_1.jpg

KMR Stitch 06-30-2005 01:39 PM

Quote:

Originally Posted by pornguy
In most states being drunk does not allow you to side step a law, or to use the I did not know because I was drunk routine.


Clear state of mind to agree to a contract.. I know thats the law in Florida


Made for Tatoo parlors

bdld 06-30-2005 02:05 PM

they ought to have girls sign contracts beforehand and afterwards.

King Porn 06-30-2005 02:22 PM

Quote:

Under Virginia law, a person must give written consent to use his or her image in a commercial enterprise.
Key point.

ProjectNaked 06-30-2005 02:37 PM

That is why you always have to be careful :thumbsup

kane 06-30-2005 02:44 PM

this is nothing new for them. A while back they lost a big suit where a woman said she agreed to be on camera but not on the box cover and in the commercial so she wanted more money. She was awarded a big amount. Of course there was an appeal and I don't know how it turned out but they found out that the guy that owns girls gone wild has hundreds of little companies so if something like this happends he can just say " that company is bankrupt" and not have to pay.

sweetME 06-30-2005 02:49 PM

Good for her :thumbsup

tedwinters 06-30-2005 02:50 PM

Quote:

Originally Posted by pornguy
In most states being drunk does not allow you to side step a law, or to use the I did not know because I was drunk routine.

In Canada, that's been a requirement..
A contract is not legally binding if:
a) it's obvious the contract was not read/specified completely
b) one party is not in a clear state of mind...

in otherwords, contracts signed under duress, while drunk/stoned, etc, aren't legally binding..

jacked 06-30-2005 02:52 PM

i was expecting her settlement to be alot more than 60k :1orglaugh cheap whore

Eric 06-30-2005 02:57 PM

"Under Virginia law, a person must give written consent to use his or her image in a commercial enterprise. Only a few states have this requirement, which is why Mantra Films can operate so freely, Martingayle said."

basically the only thing they are guilty of is being ignorant of the state law.

Lets see 1.3 million videos at how much? Payoff to one dumb ass chick 60k?

That math works for me anytime of the week and twice on Tuesday!

The only lesson to be learned is that you must know the laws of the area you go and film in. We use to film a lot of stuff like this in Lake Havasu. What many people don't know is that on the CA side the cops are cool and will even take pictures with the girls and don't care what you do as long as you don't fight or drive drunk. But on the AZ side the cops will arrest a girl even if she is being too lude in public, we had a girl taken away on our boat, and even faster if you flash your tits.

So all in all it is all about knowing the laws of the area you are going to be shooting in.

AsianDivaGirlsWebDude 06-30-2005 03:06 PM

Quote:

Originally Posted by pornguy
(June 30) A jury on Wednesday ordered the company that produces the Girls Gone Wild videos to pay $60,150 for filming and using the image of a Virginia Beach woman without her written consent. "They needed a smack-down, and they got one," said Kevin E. Martingayle, attorney for Debbie Aficial, 26. "Maybe they should stay in California from now on."

Yup, them thar porno-ography folks best stay in Kalifornia if they know what's good for 'em. We mean to put the Virgin back in Virginia.

BTW, the girl's last name, Aficial, is an anagram for "facial" - well, if you close one eye anyway, LOL.

ADG Webmaster

BradShaw 06-30-2005 03:09 PM

That guy does more than $60k of coke in one night.

Rochard 06-30-2005 03:22 PM

I love this:
?I would never take my clothes off in front of people I didn?t know,? she said.

Well, you did, and you did it on camera.

However, that's all fine. Now they'll sell even more videos!

ProjectNaked 06-30-2005 03:39 PM

Quote:

Originally Posted by BradShaw
That guy does more than $60k of coke in one night.

got proof? :arcadefre

Sosa 06-30-2005 03:48 PM

Quote:

Originally Posted by ProjectNaked
got proof? :arcadefre

he is a known user...


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