HELP!! (please read)

aseptyczny says:

I wonder if they could put me on the cover... LOL Joke!

I dont know what to say. Maybe just "fcukers!" I hope, afterall, you'll take revange on a guy who has stolen you photo. Someone should put a dck up his ars to make a CLEAR STATEMENT.

Good luck.
Posted 32 months ago. ( permalink )

dark_lord_of_deception says:

you can sue for compensation or you can go down to the local cops and tell them that they used your photo and are using a 14 year old to sell sexually explicit material which they will be indicted for and shut down.
Posted 32 months ago. ( permalink )

supermouton32001 says:

Just saw this, first time on flickr. The good side of this story is I and lots of others I think discovered a marvelous photographer which ought to be more famous. No doubt you will succeed in your career. No doubt also that texan lawyers will find it and have your case opened.
Posted 32 months ago. ( permalink )

Ms. Soccer_Roo    says:

Lara that totally sux!! maybe you need the FBI, since it is an underaged photo and an adult film and they put them together, maybe it falls into the FBI jurisdiction.... If anything, it may be worth a try to see if they can help get you a result..
Posted 32 months ago. ( permalink )

toddlertoes    says:

I am really sorry for you. This is so SO annoying and violating. I really hope that you will be able to solve this in an appropriate way. Good luck and consolation hug.
Posted 32 months ago. ( permalink )

J. Rangel says:

Attack with lawyers.
Posted 32 months ago. ( permalink )

birdyboo    says:

Congratulations! This interesting image is currently (or was recently) one of Flickr's Top 10 most interesting photos. (It is/was on page one of the calendar view.) Would you please add it to the Top 10 Interestingness pool? It would be a great addition!
Posted 32 months ago. ( permalink )

Paul J. Ryan says:

@ jhfjfkjbkbg:

I have a feeling you are one of the people from the film studio that stole the image in the first place, why would you JUSt join now with that kind of username?
If your not going to support Lara don't speak at all.

Photographers post their work on the internet now a days! Its a place where art can be viewed and where you can express yourself through your art without knowing people personally. As well as getting comments and critiques. If people followed copyright laws this wouldn't be a problem at all....there is nothing wrong with posting your work on the internet. So shut up !
Posted 32 months ago. ( permalink )

guggaxox says:

As it turns out, there are more companies that are doing the same thing. _Rebekka's photos here on Flickr where stolen from some landscape portrait thing-a-ma-jig company. And instead of giving her some of the profit her pictures where earning they just removed them from they're website.
Don't give up and good luck.
But seriously, 14?!
Posted 32 months ago. ( permalink )

silviothemilvio    says:

paul a. james, well said about the mystery user jhfjfkjbkbg!
lara, we all support you here! thousands of people!
Posted 32 months ago. ( permalink )

Jaime De Gouveia says:

jhfjfkjbkbg is definitely suspicious.
He/she doesn't even have any photo's on their account.

If they are from the studio that stole the picture that's a very lame attempt at silencing Lara's cry.

Take the next step and open a lawsuit against them.
Posted 32 months ago. ( permalink )

slingerdoo. says:

geeesh. Here is a second hand take on a friends experience.

His picture was used illegally. Before three months passed, he officially copyrighted and registered the image. He then contacted the offender with a copy of the US Copyright of his imagine and a threatening letter to sue for the maximum of $150,000 allowed under the US Copyright Laws.

Long story short, they settled out of court for $30,000 + legal fees.

Good luck in your case, and I hope you get the maximum $150,000.

copyright.gov/
www.copyright.gov/title17/chapter05.pdf - infringement and remedies see section 504, Part C.2
Posted 32 months ago. ( permalink )

.:: Metropolis PCM, el Flickr del Bicentenario ::.    says:

www.emol.com/noticias/todas/detalle/detalleno ticias.asp?i...
es noticia en Chile =P
Posted 32 months ago. ( permalink )

crisloski says:

q mala...
:(
Posted 32 months ago. ( permalink )

• Juan Pablo Giusepponi    says:

OMG!!!
This fucking bastards can't help stealing like this... That's the worst thing I've ever heard they did :S
I'm posting this in my flick!!!
Posted 32 months ago. ( permalink )

mariepelouse says:

Your story is in a chilean online newspaper too:

www.emol.com/noticias/tecnologia/detalle/deta llenoticias....

I hope you could find a solution!

Best!
Posted 32 months ago. ( permalink )

tripleman    says:

I didn't bother to read all of the comments to see if anyone has suggested this but, I'd imagine that the fastest way to get their attention is to let the police in their jurisdiction know that there's a porn company using a 14 year old girl (or at least a picture of a girl taken when she was 14 - but you don't have to tell them that) to promote their pornographic films.

That will probably start the wheels moving.

It won't help you in terms of compensation but it will shut them down and, most likely, be problematic for them for some time to come.

More like revenge/justice than compensation, but it's better than nothing.
Posted 32 months ago. ( permalink )

Pitoniza [deleted] says:

ohhhh my goddd i can't believe it!!! ohh Lara!! D:!!!!!!
Posted 32 months ago. ( permalink )

Daniel Meyer says:

easy way : go to the police and lodge a complaint against them. Then someone will have to do the job. I think that you can work smtg out with them if they hear you complain
Posted 32 months ago. ( permalink )

Cheyenne C [deleted] says:

that's disgusting.
not only the use of the image you took when you were FOURTEEN, but the man's actions. he's the one who should be called underage, not you.
you are handling this in a very mature fashion, and i applaud you for that lara.
Posted 32 months ago. ( permalink )

hasfurrychildren    says:

Gah....this is vile.

Best of luck.
Posted 32 months ago. ( permalink )

YinYang711 [deleted] says:

Sick B@$#@^d, man i hate people like that... stupid people, i don't even know what to say, i am sooo sorry you had to go through that..
Posted 32 months ago. ( permalink )

spookwarfare says:

Every adult publication is required to keep records documenting the ages of all participants in their magazines and movies. Tell the guy that you're going to report him for Section 2257 non-compliance. Heck, go ahead and report him and his company for not keeping such records. Once again, it's a federal statute: 18 U.S.C. 2257.

If you really want to cleanse yourself from the web, you'll probably have to forward a similar threat to every individual retailer as well.
Posted 32 months ago. ( permalink )

iesc says:

very beatifull shot the light ios perfect and beatifull colors !! congrats
Posted 32 months ago. ( permalink )

violent jane says:

I would do what spookwarfare said. Technically, you could have them locked up for using it, possibly even get them child porn charges.
Posted 32 months ago. ( permalink )

azli jamil - back in India again :-)    says:

Definitely sickening!!
Posted 32 months ago. ( permalink )

Adam Buteux    says:

It seems that "We did steel your image, we bought it from an agency" excuse is standard fare these days.

It seems that people are powerless as individuals as these offences can take place in other countries other than where they live. Maybe some sort of organization for amateur photographers would be helpful in these cases.
Posted 32 months ago. ( permalink )

steb    says:

Can't 'Creative Commons' help with such issues?
Posted 32 months ago. ( permalink )

aragost    says:

Pointing out that you are *still* underage to the company that sells it could do the trick. Local parents associations, "the law", newspapers, whatever is in charge of enforcing copyright in your country and in theirs, anyone could help. Another thing you could try is writing REAL letters instead of emails, and send copies to the aforementioned people. Antydiluvian's advice is very precious, I'd go that way.
As for me, I can only help by... err, making sure I don't buy anything from them.
Keep on fighting!
Posted 32 months ago. ( permalink )

dhanintan says:

thats awful..dreadful
Posted 32 months ago. ( permalink )

graphic_donna says:

Sorry that you have had this bad experience with what sounds like a company full of liars and thieves! Hope you get somewhere with this, best of luck.
Posted 32 months ago. ( permalink )

A passing dream now only a memory [deleted] says:

That’s bang out of order ! Something needs to be done to safe guard or work we add here. I hope you get this sorted.

--
Seen in some comments. (?)
Posted 32 months ago. ( permalink )

shestheslghtr says:

"AS FOR COMPSENSATION;YOUR SILLY!"

Wow, really mature of them.
I'm so sorry this all happened. :[ I don't know what I'd do.
I'm 17 myself &I would have just died.
Posted 32 months ago. ( permalink )

simplyjake    says:

i don't know if this will help, but my brother used to work for a company called NAN( national attorney network)He did marketing so he is not a Lawyer. but what they did was set up a network of attorneys in every state to handle collection cases for large creditors
www.tsys.com/services/tdm/nan.htm
I don't know if this will help but it may get you to who you need.
Posted 32 months ago. ( permalink )

JaneyxRotten says:

thats not even right... I posted a bulletin on my myspace about it because I wouldnt know who to report it to so maybe someone could help. I'll get back to you if anyone replys. Especially if they live in Texas because I don't =/
Posted 32 months ago. ( permalink )

vandermolenphoto says:

maybe contact 60 minutes or 20/20 in the US ....
some legal action will happen for you i'm sure..
good luck lara
:)
Posted 32 months ago. ( permalink )

tboucher says:

you might try contacting the person that runswww.photoattorney.com/ and asking her if she can recommend a photography copyright solicitor that could help you take this person to court.
Posted 32 months ago. ( permalink )

priam160 says:

That sucks beyond description. . . Since the model (you) is way underage in this photo you can likely file a criminal complaint against them. That doesn't necessarily generate a fast response either, but I'd suggest trying to contact the District Attorney for whatever county the company is based in. The problem with all of these companies is ultimately tracking down to whoever is responsible and if the corporate base is located somewhere with little legal regulation it becomes nearly impossible.

I'd be surprised if you can't find a lawyer of some sort in the U.S. to bring an action against this company. Again, the problem would be tracking it back to whomever originally stole the photo since unless you could prove the movie company used it negligently, they could probably defend themselves just by saying they purchased it in good faith. Definitely save all communication. Good luck, I hope you can get some sort of action taken against the asshats.

(apologies if this has all been said before.)
Posted 32 months ago. ( permalink )

fotomann_forever says:

I think this goes in to the realm of criminal law and child exploitation. I would proceed with this information to local law enforcement and have them advise you. This would be a criminal case of child exploitation, along with the civil case of copyright infringement.
Posted 32 months ago. ( permalink )

AgusMartin    says:

It is a wonderful photo, congrats for it, so sad you the use it had.

I can't help you from spain, but count with all my support.
Posted 32 months ago. ( permalink )

Stephen Brisendine says:

Wow, that's just wrong. would definitely contact the Texas attorney general, there's probably laws against using any underage imagery for the promotion of pornographic material. The photoattorney.com suggestion looks good too.

Good luck!
Posted 32 months ago. ( permalink )

Thomas Hawk    says:

Lara, this is terrible. I'm so sorry this has happened to you. This is a violation of the worst kind and is far worse than most image theft.

I hope that whoever was responsible for stealing your image pays dearl in the end over this.

Blogged it here: thomashawk.com/2007/05/14-year-old-photograph ers-self-por...
Posted 32 months ago. ( permalink )

soopadoubled    says:

A fantastic photo, but I just can't believe what's happened to here. It's such a shame that companies abuse the internet for these purposes, stealing peoples intellectual property for commercial gain. It seems to be happening so often on Flickr now. I guess they know that the majority of us are not really in a position to do anything about it.

Having found myself in a familiar situation before Lara, the only advice I can give you is not to give up. These kinds of people/companies work on the premise that you will give up at the first hurdle. If you persevere some one will have to take notice and do something about it.

Best of luck!
Posted 32 months ago. ( permalink )

IrishBrat4U says:

So sorry Lara! It's an amazing shot. I hope you win this for all photographers.
Posted 32 months ago. ( permalink )

Lampeduza    says:

so sorry for you. contact the press!!! we all whit you!!! im post this in my flickr!! this nasty people need to stop!!!!
Posted 32 months ago. ( permalink )

The KronoNaut    says:

Contact the US FBI: www.fbi.gov/contact/legat/legat.htm
They are using a photo of an underage girl to promote pornography. According to the 2257 law passed by congress:
Section 2257-passed by Congress to prevent the sexual exploitation of children. The law protects against the use of minors in the production of sexually explicit material by requiring producers to create and maintain age and identity records for every performer. Producers and distributors must then label their products with the name of the custodian of the records and their location.

You may have a case since they have no records for you, and they are using your image for promotion. Also contact the ACLU (http://aclu.org/), and see if they will get involved.

Lastly, contact DACS www.dacs.org.uk/ and see if they have a way to help you.

-Gary
Posted 32 months ago. ( permalink )

zemote    says:

Contact the FBI!!!
Posted 32 months ago. ( permalink )

The KronoNaut    says:

BTW: I suggest that everyone block jhfjfkjbkbg and report him for abuse. His comment shows an utter lack of care for any copyright laws. Flickr is a photosharing site, and I for one want all the "spectators" off of here.
Posted 32 months ago. ( permalink )

Li Gao    says:

i remember you had this issue a while ago, they still havnt stoped it?

yes, i,t is quite rude of them for criticizing YOU when they stole the art.
i think you deff should sue their ass , don't let them get away, they are scared, thats why they are like your 10sec fame will be gone blah blah.

it would be nice if you knew someoen from US, and they can help you get a lawyer,

do you have the original file on your computer? if so then you'll win. unless they come up with a fake contract,
Posted 32 months ago. ( permalink )

johnpiercy    says:

Shocking , I sure hope they they catch the B#%#%$ d's that did this
Thanks to thomashawk for blogging this
Ive posted it too my groups

jp
Posted 32 months ago. ( permalink )

Gram Ponante says:

I am researching this story for my site (it is NSFW, so follow the link at your own risk:www.gramponante.com) and I would like to know what country (is it England?) you are located in, how old you are now, and if TVX talked with your parents. The problem (there are several) with American porn companies is that, once they believe you to be underage, they cannot deal with you at all. Did your parents or legal guardian talk with them? Was that photo taken by you or by someone else? If the photo was taken by someone else, did the photographer have any dealings with TVX? Feel free to contact me via gram (at) gramponante.com
Posted 32 months ago. ( permalink )

The Amish-mime says:

Not only is this horrible for two reasons, the company even fails to offer an apology. And promises to continue the sale of the DVD until they're gone? Wow... some people.
However, I have emailed a prominent investigative/news reporter--one of the best and well known, and hopefully he will be able to offer some insight--if not help directly.
This is so wrong on many levels. And I offer you an apology... and if I lived in or near Texas, perhaps I might take care of it personally.
Posted 32 months ago. ( permalink )

newseasons says:

Frikin Bastards. Dont worry Lara. People pay for the bad shit they do in life. I will do what I can to help you out. I cant believe this shit.
Posted 32 months ago. ( permalink )

Paul J. Ryan says:

I'd love to hear from you Lara, to see if anythings happened in the past few days?
I'm sure everyone is curious...
Good luck!
Posted 32 months ago. ( permalink )

gusoto says:

This is so bad!!!
Posted 32 months ago. ( permalink )

the_banshee says:

es el colmo, una bajeza de lo peor, ojala pudiera ayudarte pero al menos te mando todo mi apoyo
It's a shame!!! I'm really angry!!
Posted 32 months ago. ( permalink )

dans la foule says:

Perhaps you could contact one of the local TV stations; a lot of times they have "investigative" reporters who live to expose such things.

Best of luck.
Posted 32 months ago. ( permalink )

le_clay says:

so sorry to hear this
Posted 32 months ago. ( permalink )

!!stefan (ZH) says:

what a horrible story! i really hope you eventually win against these people. I can't see how any court in the world would decide in favour of these bastards
Posted 32 months ago. ( permalink )

Innovation Journalism    says:

Well, what can I say. The world is full of assholes. Keep up the good work.
Posted 32 months ago. ( permalink )

cilitra says:

Found this link at an Icelandic link-site www.b2.is

Thats horrible! I may not take pretty photographs, but I'm always afraid that oneday when I become a better artist it will be stolen and used to gain profit that I'll never see.
Almost makes you wanna quit showing your stuff online when this happens :/

I'm rooting for ya girl, keep at it! Make them PAY!
And its such a brilliant shot too :(
Posted 32 months ago. ( permalink )

JonnyMoss    says:

That's terrible. Hope you get it sorted and sue their sorry hides.
Posted 32 months ago. ( permalink )

LaraJade    says:

I just wanted to say to ALL of you that have been supportive a bit thank you! Without you guys I wouldn't have had this much attention on my story. Thanks for posting it on your blog/website/journal etc. It is really appreciated.

I'm currently taking this through a legal case (more information when it's confirmed) and I've had a lot of attention of the media (swedish/italian newspapers and local newspapers and even women magazines where I live). I not only want to raise my story but awareness of the copyright issue - where it only seems you can tackle a violation if you are rich and have money to fight. Hopefully something will be done about it.. I think I'm a bit far off but if we all continue to post our thoughts on the copyright issues many of us face everyday, something MIGHT be done about it.


Again, thank you very much!












.
Posted 32 months ago. ( permalink )

Lee_Tan says:

Best wishes, and hope that we all learned something from this inhuman experience.
Posted 32 months ago. ( permalink )

Er-MeNDa says:

I wish u the best, just yesterday i heard of other case like this here in Spain, it seems it's pretty common to steal pics from flickr w/o even questioning the owner T_T
Good luck with ur fight and make them pay for what they did!
PD:I can get to know why they took ur picture, it's fantastic! very good work, u rock :D
Posted 32 months ago. ( permalink )

Cristóbal Marín says:

Hi Lara, i'm a Journalist from Chile. I'll write something about this.
Posted 32 months ago. ( permalink )

all natural says:

I'm so sorry this happened to you. It's the worst nightmare. I hope you'll get your justice!
Posted 32 months ago. ( permalink )

lindsayrdean says:

You mentioned that you posted the image on deviantART. Have you contacted them with this issue? Maybe they could help somehow...

What this company has done is illegal. And from their e-mails it sounds like they've admitted that you do own the photo and they are using it illegally. Save those e-mails!!!!!!
Posted 32 months ago. ( permalink )

disgustipado    says:

You don't deserve this :(
Posted 32 months ago. ( permalink )

Bobasonic    says:

I think I can speak for everyone on here ..... "Your so very welcome and good luck and we're all hear for you".

Just be careful what you say on here if taking to court.

Keep us updated on what TV shows , papers and magazines your in.....

Bob
.
Posted 32 months ago. ( permalink )

kiara_black says:

i read this on your myspace time go...
it's incredible!!!!
So many people steal pictures, but these company get money with it..... you must take your watermark on details of the picture, where it can't be removed....
I didn't now a lawer or something, but i hope you find a good one, who stop this!!!!!
good luck and best wishes!
Posted 32 months ago. ( permalink )

pheiticeira says:

contact local television stations. Tell them the story..from there people will contact you.
Posted 32 months ago. ( permalink )

Miss_M    says:

I've blogged about it and hope somebody can help you.
franziskasblog.blogspot.com/2007/05/please-he lp.html
Posted 32 months ago. ( permalink )

Paul J. Ryan says:

we all are on your side and are supporting you every step of the way!
thanks for the update!
Posted 32 months ago. ( permalink )

•–([ YuNiE ])–• [QTR]...™ says:

oh sweetie lara .. wish u all the best luck in this .. and i wish we could find a solution for it
Posted 32 months ago. ( permalink )

silviothemilvio    says:

this is by far the most views, favorites and comments an image as ever gotten on flickr, proof that this story is making its way around the globe quite fast.

i wouldn't want to be in the shoes of these guys....
Posted 32 months ago. ( permalink )

Suviko    says:

Contact EFF?
Posted 32 months ago. ( permalink )

xadrian    says:

DeviantArt had a really nasty turn with their EULA in the last couple years. Artists were finding out that a little loophole allowed DA to basically sell anything on their site for promotional reasons, mostly harmless stuff, but it still wasn't right. They've since changed it, but you may have fallen prey to that ill-constructed agreement they had.

If you haven't already, I'd first contact violations@deviantart.com. Then I would contact whatever the UK has for a Civil Liberties Union. It's not only copyright being violated, it's your person, your face, which makes it something a civil liberties organization can get behind. This case doesn't have to be about copyright, it can also be about the company committed an act of libel against you, using your likeness without permission. You signed no agreement with them AND you were (still are) under age.

I know registering a porn movie company with the Better Business Bureau is nigh meaningless, but you've got proof that they are not using proper advertising as well.

Man, I hope this works out for you. After reading what happened to Rebecca (sp) I don't have much hope, but keep fighting.
Posted 32 months ago. ( permalink )

Paul J. Ryan says:

a comment on this news post:
consumerist.com/consumer/attention-pornograph ers/lara-is-...

says:

I represent the company TVX which was mentioned in the article posted on Gawker Media's site.

(http://consumerist.com/consumer/attention- pornographers/lara-is-not-a-porn-star-263775. php)

The original photo of Lara was located on a free adult shareware site this past January, and after discussing the error and speaking to her - it was immediately replaced.

The websites she mentions in her rant (http://larafairie.deviantart.com/journal/130 87896/?offset=50) still feature the older cover, and they have not changed that image -but are selling the film with the revised cover - which can be seen at..

www.tvxfilms.com/sales/images/jpgs/BodyMagic. jpg

If you have any questions whatsoever, or would like to speak to the ownerat TVX personally to verify this information, - do contact.

TVX Films - Attn: Bob • (888) 877-9993

______________________
It doesn't matter that they replaced the image, they still violated copyright laws and Lara should recieve compensation for the DVD's that sold with her image on the cover!
Posted 32 months ago. ( permalink )

Suviko    says:

@PAUL A. JAMES:
They think deviantArt a shareware site, eh? Puh-leeze. :D

The Electronic Frontier Foundation (EFF) is a non-profit advocacy and legal organization based in the United States with the stated purpose of being dedicated to preserving free speech rights such as those protected by the First Amendment to the United States Constitution in the context of today's digital age. Its stated main goal is to educate the press, policymakers and the general public about civil liberties issues related to technology; and to act as a defender of those liberties.

www.eff.org/
en.wikipedia.org/wiki/Electronic_Frontier_Fou ndation
Posted 32 months ago. ( permalink )

ohmaverick0ne says:

this is terrible, i can't believe someone would do that. i wish you the best of luck and hope things get cleared up.
Posted 32 months ago. ( permalink )

eDIGImag says:

Lara...frankly I am surprised that with the nearly 400 replies you've gotten on this issue, you've not had anyone speak with you from a very realistic and frank position....

You're venturing into the nightmarish world of legalities, perceptions, financial manuevering, deception and power....not of truth, justice, rights and honesty.

The reality, as you've only begun to realize, is that you don't have much recourse---especially if you don't have considerable financial backing to fight such as case over a long and protracted timeframe.

Copyright is only a protection against normally honorable people slipping up and crossing the, sometimes quagmirish, line of legality....Those who would trample upon copyright have no compunction for law, let alone intentions of honesty, and therefore are undeterred by notices, markings and so-called 'boundaries of use'....They are for the most part unstopable by legalistic wranglings...They only adhere to one controller...MONEY....Hurt that source and you hurt the violators.

My suggestion would be that you do not look for a 'copyright win' in this instance....By all means present and push the 'copyright issue' in your correspondence, communication and pronouncements, but don't look to win a copyright infringement suit; it's far too costly and lengthy a process....And frankly you don't present enough 'interest' to attract the legal power necessary to make a dent in the offense.

It is unfortunate that your 'loss' is 'only personal'...an offense against your personal name, integrity and honor....Sorry, to be so blunt about it, but that's the 'legal point of view' in this matter, if you seek a copyright infringement suit....At which point the 'YOU' is tossed aside and only the issue of 'financial loss and damage' are in the consideration of the alleged offense.

Others have adamantly advised you to seek a suit on the basis of 'underage and pornographic' violations...I will heartily agree, the rules, as they exist in the U.S (my location) have been seriously violated and if proven could become severe albatrosses about the necks of those found guilty...However, in order to win in such a litigation, especially if it were to go to a jury trial; the most likely approach to a win such a position; the courts are often swayed by what is called pre-existing intentions....Your first hurdle to cross will be your own photographs, many which are self-portraits, though created for artistic purposes, will be seen - in a public jury trial - as lude and provocative...Not a good defensive position for you to claim 'personal violation' from....No, this is not fair---butyou're not dealing with fairness, nor justice---you're dealing with legalities....A vastly different realm....I would suggest you think long and hard about this approach....The 'heat' in that kitchen can become quite unbearable...even for a tempered adult, with age and personal experience....It is not a good place for a 17 year old to venture.

So, what can you do?

Well, what the nearly 400 comments on this one posting says to do: Take It Public!

Let the court of 'public opinion' build your case....Then when you have a 'critical mass' of opinion....presumably in your favor....contact - as you have already - a legal entity to posit your complaint through the courts as a case of 'public outcry against a injustice against a victimized innocent, underaged, female'.

In this manner, the content of your accounts online, will be brought forth as artistic statements, not muddled through as manifestations of a perforated character....Upheld as a violation of a juvenile in the conduct of artistic expression and the violation of her personal integrity, as an artitst and as a person.

In the courts this is a defensible and potentially winnable course of action; but it is no guarantee of a win....You cannot guarantee a win, unless you have the finances to 'make it happen'....What you have is a chance.

In the circle of public opinion, you have a far greater opportunity....You have pressure that can be brought to bear on the instruments that can 'move the legal gears':

1)...public sentiment and purchase power

2)...political power moved by the public

3)...financial pressure on the violators from public action

4)...contact every public legal, rights, privacy organization, group and legal entity you can... elicit their help in spreading your story and advocating for the 'community's rights'....by extension your rights are in there, too!

5)...gather the personal support and politic for collaboration from others who have been so violated to build a 'community of violated artists'...build a 'voice' and use that voice: loudly!!!

The Flickr community is behind your plea for justice,witness the response you've received thus far....As are the owners of Flickr, because of the community's desire for justice, so contact them--personally--and ask for their direct involvement....The same should exist over at DeviantArt...though possibly to a lesser degree; based upon past history....Even so, this may well play in your favor with them, so play your cards, get DA onboard as well; it's to their advantage and don't be afraid to remind them so.

Seek support from the digital arts community to amplify the 'voice' you build in point #5 above....This is the power of the 'community'....never underestimate it nor ignore it....Use it; feed it; nurture it; respect it....It is YOU.

Just remember, your plaint in this case is NOT about YOU, but about the COMMUNITY and the harm done to it, should your plaint go ignored of justice and legal satisfaction.

Good luck and best of success. I do hope you are able to resolve this assault against your artistic expression and your person, to a satifactory resolution for the community of photographers and digital artists...as well as for you personally.

Remember....

"People will not SEE the need, until they FEEL the need."

nicoventurelli    says:

que terrible :o
Posted 32 months ago. ( permalink )

(mO)² - Photography says:

OMG.. this is so sick... it happened to me before but it was something easier than that... just a guy who took my photos and used it in his stream as if it were his...but this is SOOOOOOOO SICK .......

THEY HAD THE INTEND TO DO THAT.... u can see that the guys changed his words... and oh my god SEX dvd....the image is so elegant HOW COME........

just post the new info when u get some and if there is any step we can make online please tell us and i guess it would be pleasuer to help u by me and others... at least we should stand by each other in face of those who can destroy out ability to use our minds.... sorry for that Lara.........

mOmO, Egypt...
Posted 32 months ago. ( permalink )

Peace Dog    says:

I think one thing that should not be overlooked, is not just focusing on the copyright issue. Which does need attention of course. But she should be able to sue for personal damages. They put a picture of "her" on a porn. Which insunuates that she is in the porn, obviously she is not. This is a direct assault on her as a person. She should be able to sue for the obvious pain and suffering. And that being the case, she should be able to find a lawyer who will take on that part of the case, because there is the potential for a monetary payout. I did not read 100% of the posts, so please forgive me if this has already been mentioned.
Posted 32 months ago. ( permalink )

cyan pixel [deleted] says:

This is so WRONG!!!!!and degrading!!
Posted 32 months ago. ( permalink )

brancusi7    says:

Good luck.
Posted 32 months ago. ( permalink )

Smoochi    says:

awful story.
I hope you sue them for everything they own.
and good luck...
Posted 32 months ago. ( permalink )

DaftPorter says:

That's really messed up.

Sadly, it seems it would be smart to not share your images. This has happened to you before right? I'd slap a huge watermark on your images from now on and if someone wants it without the mark, they'll have to purchase it. I know that sort of defeats the purpose of flickr/deviantart, but it seems you could make a career in photography, so perhaps should start protecting your work a bit more closely. I wish you didn't have to worry about this kind of thing. Your work is beautiful.
Posted 32 months ago. ( permalink )

Quizz...    says:

the story is disgusting, i red this and couldnt figure out what to say even, and i dont know what to say now either...i'm just sorry
this case is terrible...what a terrible people....
Posted 32 months ago. ( permalink )

fm_emt says:

"At time of publication, Lara Jade had not responded to my requests for comments on this piece."

sfgate.com/cgi-bin/article.cgi?f=/g/a/2007/05 /31/violetbl...
Posted 32 months ago. ( permalink )

AlbinaRose™ [deleted] says:

Definitely get some legal advice. You need to find out if indeed someone else stole your photo and sold it to this sleazebag. He could be telling the truth there. If there was a third party involved you need to go after them too.

Then there are the news media. Contact some of them in your area, in the US and see if anyone is interested in your story. Sometimes that can make them back down faster than a lawyer could.

Any politicians you know who could help? At this point, I would be trying every single avenue I could think of. Several laws have been broken here.

Lawyer
News media outlets
Politicians
Posted 32 months ago. ( permalink )

quirkedesigns says:

Take it to the American press. They would love a story like this. The porn company will back down pronto.
Posted 32 months ago. ( permalink )

dfb    says:

Yikes, this is pretty dreadful. The good thing is that you do have some recourse, to verify the covers have been destroyed and opportunity for compensation from the porn distributor and potentially anyone in the chain of commerce that isn't indemnified against copyright lawsuits.

I suggest you contact a lawyer in a large firm that has offices in the UK and in the US. If the lawyer you chat with can't help, they may know someone who can. Here are some that deal with technology related issues (although not all w/ offices in London). Each has a number of specialties, so look for links to specialties/industries/practices to drill down to find a lawyer who handles intellectual property/copyright.
www.mofo.com/practice/index.html
www.mwe.com/index.cfm/fuseaction/experience.d etail/object...
www.bakerlaw.com/BDs.aspx?Abs_BD_ID=bfc1777d- 3ada-4037-8e...
www.seyfarth.com/index.cfm/fuseaction/practic e_area.pract...
www.blackwellsanders.com/practiceDetail.aspx? id=c8d7039b-...


In the US, many lawyers work on contingency which means they will work for a percentage of the spoils, generally 30-40%. What that means is you won't need to pay up front or if they lose your case.

You're lucky this company is in the US since copyright infringement is taken seriously here. You can thank the big bucks in Hollywood for that.

You'll want to get a lawyer to continue contact with this company. You'll want to verify they have recalled all outstanding copies delivered to stores, have destroyed all copies in existence, and compensate you appropriately for their misappropriation, as well as any emotional trauma this may cause. Although they may have gotten the photo from a free photos site or some other company, they are still on the hook for misappropriation and infringement. It is their responsibility to contact the person who took the photo, verify they have permission to use it, and verify the cost (nothing). Either way, it'll take a couple years to completely resolve this.

Good luck. I hope it turns out well for you.
Posted 32 months ago. ( permalink )

Corgi_T    says:

If you're in the SF Chronicle, you'll get some help. Congrats!
Posted 32 months ago. ( permalink )

kirk lau    says:

Hi Lara
First of all, I have to say I am really sorry to hear this.
I've came across about this on digg few days ago. which link to your DeviantART page.
Today i am poking around on Flickr and came across this again. This is sad.
Photographer's work got stolen on the web, that's definately not news, bit earlier we got Rebecca on flickr. and tons more.
as i seen on the comment, a few have already said, put smaller size picture or add some more stuff on the photo to protect your work (even tho it might not be the best solution).

As for legal action, this is definately violating copyright. but as you said, most lawyer will tell you the price first. especially you are suing someone in another country. Personally i am just an engineer, can't really give you much legal advice. but i think the community are bring this up to a higher and higher profile, and hopefully some generous lawyer will came across and be able to help.

as for accusing them for posting your 14 yrs old picture on an adult dvd box, i dont' know if that will work. Imagine a "Second hand smoke will harm your kids" ads with a B&W child picture in it, got posted in an adult magazine. That wouldn't consider illegal either i think. so probably can't go this route.

and i see some user are suggesting filling up their mailbox, i doubt it would work either. A) they probably don't care if they can't recieve any mail, there aren't much customer server for them anyway. and B) it's not gonna get you money back.

So this is a very tough case i guess. Only way I can see is some real legal action kicks in, but probably will cost a fortune before you can get a penny back from them.

however on the other hand, we have a very nice community here, it might be actually a good idea to set up a fun (on paypal or something).

I am sure everyone wouldn't mind chip in a few dollars to help. and hey .. you never know, you might be able to get that 50K for legal fee!

bottom line is, we shouldn't let them just walk away with that! and we take some brave and strong minded people like you to do this.

also, dont' get discourage from this, you are a very talented photographer. i wish i would ever be as good as you.. (got lots to catch up, consider i am like 10 years older than you! lol)

Best of luck, let us know if you got any progress! and keep up the good work!
Posted 32 months ago. ( permalink )

katesturr says:

Did he like ADMIT that he was using your photo after saying ' YOUR 10 seconds of fame will be over soon.'?

I mean, what an idiot.

Poor girl. That one of my favortie photos too.
Posted 32 months ago. ( permalink )

rachel sian says:

Bloody hell - I can't really add anything that hasn't been said but I'm sure there IS something you can do, there will be laws and loopholes you can use to sort this out. I'm so disgusted that a photo so beautiful has been cheapened in this way, especially as you were so young in the image. You may feel powerless at the moment but i'm don't doubt that something someone has said to you here will be of some use in getting that sleazeball sorted out.

Ha - just googled for tvX films and your blog is the second highest entry on there - so if people search for them, they'll perhaps realise what kind of company they might be dealing with. Not sure if it will matter to some people but hey, good that you're giving them some seriously bad press.
Posted 32 months ago. ( permalink )

whitewolfe    says:

That is terrible! I am so sorry for you. I wish I had some help or resource to recommend.

Good for you that you continue to fight this! Don't back down!
Posted 32 months ago. ( permalink )

Friggin_Awesome says:

I would think you could sue just based on the fact that you were a minor when you took the image! I think you should keep trying to find lawyers. This is outrageous.

As an aside, I'm just curious if the lawyers you contacted were all male. I know it's sad to think, but perhaps you're not being taken seriously because you're female and "should be happy" to have your body plastered on a porn cover. There really are still far too many people that think this way. Anyway, you just need to find a lawyer who is sympathetic to your case. Because you DEFINITELY have one.

Btw, that guy who sent the reply sounds like a real *genius*! Wtf is a "house whole" name? And what's with the caps?!

Good luck with everything.
Posted 32 months ago. ( permalink )