In May, I reported on DeviantArt photographer Lara Jade Coton who had discovered that a self-portrait she had taken when she was 14 was being used on the cover of a pornographic DVD.
Earlier today she, through her attorney Richard Harrison, filed suit today in a Tampa courtroom against TVX Films, its owner, Robert Burge, and two retailers who sold the DVD. The 11 count complaint sites copyright infringement, misappropriation of image, false light and emotional distress among other counts.
The claim does not specify any damages but is seeking both punitive and actual damages. Since the work was not registered with the U.S. Copyright Office, they are not seeking statutory damages or attorney fees at this time.
According to the complaint, even after promising to cease use of the image, TVX films continued to use the image on the DVD itself, despite having removed it from the cover, a practice that was ongoing as recently as June.
As of this time, none of the defendants have responded to the suit.
Harrison, in a phone call earlier today, said that he contacted Coton after reading about her plight on a gossip site. After discovering that no other attorney had agreed to help her, he offered to step in and take the case.
This will be a case to follow and one that all rightsholders on the Web will be affected by, I will be bringing you updates as I get them.
electrical
I'd hate for something like that to happen to anyone because it could really hurt one's reputation.This certainly could turn out to be a landmark case for those who own content which is availible on the net.
I’d hate for something like that to happen to anyone because it could really hurt one’s reputation.
This certainly could turn out to be a landmark case for those who own content which is availible on the net.
Webd360,I hadn't even pondered the reputation element of all of this. Considering she has such a public face, it could be a serious problem.Hopefully that will be weighed in too!Thank you for the feedback!
Webd360,
I hadn’t even pondered the reputation element of all of this. Considering she has such a public face, it could be a serious problem.
Hopefully that will be weighed in too!
Thank you for the feedback!
This is horrible.Lara is my idol, she's so talented.I'm glad this hasn't ruined her reputation
This is horrible.
Lara is my idol, she’s so talented.
I’m glad this hasn’t ruined her reputation
Jodie: I seriously doubt Lara’s reputation is in any danger with this. I think it’s very clear she did not want this to happen. I am still hoping that the case goes well for her and am awaiting any word about it.
Jodie: I seriously doubt Lara’s reputation is in any danger with this. I think it’s very clear she did not want this to happen. I am still hoping that the case goes well for her and am awaiting any word about it.
[...] cases that also drew mainstream media attention, such as The Lane Hartwell controversy and the Lara Jade Case among [...]
[...] cover of a pornographic DVD being sold by TVX Films. Coton, who was 17 when the photo was taken, sued TVX Films and others involved in the DVD.Well, three years later, Coton finally got her day in court.However, it was probably a bit of a [...]
[...] this new discovery, on July 31, approximately two months after he first reached out to Coton, he filed suit in Tampa District Court.The initial complaint (PDF) listed Burge and TVX as defendants and also included two other media [...]