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legal advice for model
Hey, a famous porn star/model has come to me to do redesign of her website, although I found another site using her name and pretending to be her, she said she signed something, prob a model release form.
What can be done about it? |
I'm not a lawyer and I don't play one on TV either. However if, it IS her name, exactly, then she can probably force them to turn the domain over to her.
If the domain in question is not her name then no problem she can just put up newer stuff than she "may" have released to them. I would strongly suggest getting an attorney involved. |
If they have a legal license to use the content and they're not claiming to be "The Official (insert name here) Site," there's probably nothing she can do about it. They won't have any of her new stuff, so why should it be an issue? If they've got traffic, just do a link trade with them. That way, both parties can benefit.
I have a couple of websites featuring photoshoots that porn stars did early in their careers. If they wanted to trade links with me now, I can't think of a good reason not to do so. |
They are mosy definately using "The Official (insert name here) Site" as the main part of there presentation, also the domain name is her name. It looks like a big rip off!!.
She signed one thing according to her which I took to be a model release form. Also apparently a solicitors letter was sent asking for a copy of what she had signed. There was no reply and i dont think the matter was persued any further at the time. |
Well, a letter from a lawyer should be sufficient to make them remove the claim that their website is her official website. And if she is famous, she can trademark her name and go after the domain in court. Most of those lawsuits seem to be settling in the favor of the famous person, from what I've seen. She needs to be talking to a lawyer.
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I recommend trying to resolve it amicably and work in a traffic deal.
People are much too quick to jump into lawsuits. Anything involving attorneys should be a last resort when all other attempts to resolve the matter are exhausted. Always better to work with someone than against them. i am not an attorney but i do spend tons on them... |
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Hey Far-L |waves| good seeing you posting on GGandJ give me a call next time your in town |
Hang on a min the site I am talking about is a blatent rip off!!.
It pretends to be this models 'official site', with a big picture of her basically saying 'welcome to my web site'!! Also the URL is her name to! 'TheModelInQuestion.com' I agree about trying to resolve this situation amicably, but the idea of somekind of traffic deal is frankly quite sickening. There cant be two 'official' sites linking to each other with banner adds can there!? The other site would have to stop claiming to be her I guess before a deal. Agreed???? by the way thanks for the feedback on this guys. |
Not a laywer either,but if they own the content,releases,license etc and they purchased the domain.
How can you take it.So they say its not the Offical site then they are clear. Seems to me it just don't work that way. I'm probly wrong and usually am :) just my 2 cents I guess haha People should aways think before they take thier clothes off haha |
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It is better to work with them than against them. Getting traffic from them will make you money. Spending money on attorneys will get you in a hole that you better hope the site is around long enough and the starlet stays cooperative enough to get out of. Look to create a licensing arrangement with the other site so that you can maintain control of the copyrights. Get them to put links all over the site to send you traffic. Use their efforts to grow your biz in a cooperative way. Take the high road and you will get further faster. At least imo, and that is worth less than two cents... |
Inzane, if I were in your shoes I would not go by what the model says. She believes she signed a model release form, but she may have signed a contract allowing them to use her name & content. If you go in all guns blazing it could make you look silly.
Best bet is to contact them, explain the situation and find out exactly what rights they have. Then work from there. If it turns out that they are abusing their position then it may be time to get lawyers involved. |
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Play nice but tough and ask him to remove the official part or you will persue it via a lawyer. If she signed a model release for content and NOT the name then later go after him for the domain al together and take the whole thing from him but after he has changed the design to drop the Official Site of part. |
Armed with all this input on the situation the first step I think is to go ahead and contact a lawer anyway, and get him to broker the deal.
I need to find one that has half a clue about how the internet works. thanks for the feed back you guys Inzane. |
Inzane: Get out your wallet.
Even taking out all my posts I still don't see how you can come to that conclusion but if you want to spend the cash then good luck. Keep this in mind.... Anyone who is willfully screwing you will continue to do so regardless of a lawyer's warning letter and will continue to do so until you spend the cash to actually do something... like get an injunction which is no easy task, but is quite expensive. |buddy| |
Sounds like alot of trouble for you to go to if she wants you to redesign her site.
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Hang on a minute you!..How does "Broker a Deal" translate into "lawyer's warning letter "!?
starting to feel a bit like im being shouted at!!! Look I appreciate the feedback guys, thats why i'm posting here in it. Its been great but now I gotta take care the situation, and after this thread I got a much better idea how to go about it. If these rip of guys wont listen to a laywer/solicitor they sure as hell aint gonna listen to me!! Once again Thank you all. Inzane |waves| |
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Trust me, you will do way better than an attorney at trying to resolve the issue with them in a friendly fashion. That is the last I will bug you about it. (Except when I get to tell you that "i told you so"...) |shake| |
LoL..
|peace| |
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