| NemesisEnforcer |
09-22-2010 03:52 PM |
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
Quote:
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
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Quote:
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
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