HELP!! (please read)

PLEASE NOTE THIS CASE IS BEING RESOLVED BY A US LAWYER AND HAS BEEN SINCE LAST YEAR. I HAVE LEFT THIS UP TO SHOW PEOPLE THE STORY AND HOPEFULLY TO MAKE PEOPLE AWARE OF ONLINE COPYRIGHT THEFT.

Yeah, that's right. My image is being used for a pornographic movie called 'Body Magic'.
Did they have permission? Did they hell.
This happened a few months back (well, since I found out). Somebody noted me saying this company was using one of my pictures.. actually let me get this straight - a SELF PORTRAIT that I took at the age of FOURTEEN.
I don't know if you can see the descriptions too well but it is qouted as 'Hustlers Highest Rated' and a 'pleasure to watch'. The back of the cover was disgusting.
I looked it up on the internet and found out that Hustler.com was stocking it and a range of other dirty video websites that took pleasure in this.. what I ALSO found was that there was a note on the back
saying 'Everyone associated with this DVD is 18 or over'. 18 or over? yeah right.
I contacted hustler and they gave me the name of the company - TVX Films. After doing some good old fashioned research I found that the company makes new covers for the dvds and that the movie was actually pretty old!
As soon as I'd found out relevant information and I send a long and 'friendly' letter to TVX Films - to my suprise I got an abrupt e-mail back from the owner who claimed that 'his company does NOT steal pictures off the internet and he recieved it from a company they've been in business with for 25 years'.
I found it hilarious, since I still remember taking that photograph back in 2004, I even have one of the first prints at my local walmart store with the date on! AND my small watermark on the dress which had been removed on the dvd cover..
After a few e-mails I found it obvious that I wasn't getting anywhere and that the owner was definately a sleaze himself. This is what he said in reply to me, in big bold capital letters to make a statement -

"I’M SURE BY THE END OF THE MONTH YOUR FACE WILL BE HISTORY. WE HAVE STOPPED SELLING THE DVD UNTIL COVER IS REPLACED. WE HAVE FURTHER CHECKED OUT YOUR NAME AND ITS NOT LIKE IT’S A HOUSE WHOLE NAME. ACTUALLY, REMOVING YOUR IMAGE WILL HELP IMPROVE THE SELL OF THE DVD….. SO FAR IT BOMBED.".

He also claimed I was 'scheming' and had set him up - placing the image on a public domain so companies can steal it and I can sue them... er, what? I actually had this image on only one website for a few years until I joined flickr - just DeviantART and it was clear that wasn't a public domain when underneath each of my picture there is a disclaimer CLEARLY stating the obvious (that's it's copyright)... and ALSO i had a bloody © symbol and my name written across my dress!!! Isn't that enough to warn anyone off anyway?
When I asked for compensation he said "AS FOR COMPSENSATION;YOUR SILLY!". and this was one of the end comments he made -

"THEY ARE REMAKING THE COVER AS WE SPEAK SO YOUR TEN SECONDS OF FAME WILL SOON COME TO AN END."

My so called ten seconds of fame was from a porno dvd? No thanks.

I've contacted about three solictors near to where I live - they all say they cannot do anything because the company is based in Texas, USA. I've tried contacting lawyers over in America but not a lot of them will reply, a few lawyers that have told me I need at least £50,000 to take it on. I've even tried contacting the news but absolutely no reply from them either.
I feel like Im wasting my time, my image hasn't been removed, they sent me another cover claiming they'd removed it in the end.. I researched in on the net and they'd just shown me the cover that was originally on in the 80s.

PLEASE NOTE THIS CASE IS BEING RESOLVED BY A US LAWYER AND HAS BEEN SINCE LAST YEAR. I HAVE LEFT THIS UP TO SHOW PEOPLE THE STORY AND HOPEFULLY TO MAKE PEOPLE AWARE OF ONLINE COPYRIGHT THEFT.

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Comments

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(759 comments)

Friggin_Awesome says:

Oh, the first time I missed the part where you said you had original, dated prints. That actually makes a big difference! It's proof that you had the image long before they did. You need to find out if there really is an image supply company (though I doubt there is). IF there is, you should sue them as well.
Posted 31 months ago. ( permalink )

knittergirl01 says:

I don't know if this has all ready been said but you need to contact the company who has done this, saying that they did not get permission to use your likeness, and that you have contacted a lawyer so if they don't stop you will sue them. Hope this helps.
Posted 31 months ago. ( permalink )

partagas66 says:

try contacting the American civil liberties union. They do alot of pro bono work.
Posted 31 months ago. ( permalink )

Photographies Estados De Ànimo! says:

exelente fotografia
hermosa!!
Posted 31 months ago. ( permalink )

esq98swlaw [deleted] says:

Try Los Angeles attorney Neville Johnson. www.jrllp.com/. They may take case on a contingency fee. Meaning you pay nothing up front, and the lawyers only get paid if they obtain a settlement or verdict for you.
Posted 31 months ago. ( permalink )

mikefiction says:

I've heard of a lot of cases of stealing, but this is by far the worse, they are using images of an underage girl to sell a disgusting sex video - Hopefully you get enough attention to get something done!

--
Seen on your photo stream. (?)
Posted 31 months ago. ( permalink )

Arabella* says:

Hit up anything from shows like Inside Edition to the Tyra Banks show, someone will do a story on it and embarrass the hell out of the company and the douche writting those emails.
Posted 31 months ago. ( permalink )

Mark Wilson Images says:

My suggestion is to call the editor of PDN (Photographic District News) and suggest this as a story. That would spread the word.

Also, try contacting your local ASMP chapter. They offer help in matters like this.
Posted 31 months ago. ( permalink )

kissthewake [deleted] says:

Wow, some people never cease to amaze me. Best of luck with this, Lara. <3
Posted 31 months ago. ( permalink )

Proggie says:

Lara, I was so sickened when I read this on Quizz's page this morning. This is so wrong and disgusting on so many levels. I hope that some lawyer has stepped up to help you for free (until you win). I can't believe it's taken this long for you to get the help you deserve. I'm not a lawyer, but from what I've read so far you have a clear cut case. You may not be able to go after the movie guy, but you should be able to go after the guy who sold him the image. You may be able to go after both of them for the emotional and professional harm that this image showing up on the web has and will cause you.

This store has been dugg a few times, and I noticed you linked to one of them. Here is another, which got the most diggs so far (over 3000):

digg.com/movies/17_year_old_s_self_portrait_b eing_used_on...

Also, if you need money to help you pay for a lawyer, why not set up a paypal account (or have your parents do it if you can't legally), and I and I'm sure many other will be willing to contribute.

Good luck with this case and your career. I hope these scum lose their businesses because of this so they can't do this to anyone else.
Posted 31 months ago. ( permalink )

The world through my bear eyes says:

Lara good luck, i dont have any advice, hope you fine the way out soon.
Posted 31 months ago. ( permalink )

melancholik says:

Lara, I´m so sorry.
It´s so disgusting!!!
I hope the law will apply justice to repair the damage they have done to you (and by extension, all of us).
Good luck and keep fighting!!
Posted 31 months ago. ( permalink )

Lord Manley says:

Don't bother going for the copyright problem. Go to the police.
That is a picture of a 14 year old child and is on the cover of porn. They could go to prison, let alone get in a spot of bother.

Really, this is a paedophilia case now.
Posted 31 months ago. ( permalink )

londoninflames says:

if nothing else though you could just add the story to your portfolio, and use it asa selling point that some dodgy bastards stole it. i hope that you find some way of getting legal recourse though, those are the worst sort of scum.
Posted 31 months ago. ( permalink )

Jeffrey Baumgartner says:

Lara:

That is a stunning picture - and self portraits are a challenge!

You might try contacting the US Embassy in your country, ask for the commercial section and ask for advice. They should be able to direct you to an organisation that can provide legal advice. Also, if there is a US chamber of commerce in your country, contact them. The chamber is all about representing US business in a good light. So, again, a member may be able to help out.

Meanwhile, keep ALL evidence. And discourage people from email bombing or otherwise seeking revenge on these idiots. To facilitate a successful legal challenge, you not only want to demonstrate the other side was wrong, but also that you have acted impeccably throughout - something you seem to have done.

Good luck,

Jeffling
Posted 31 months ago. ( permalink )

VMOS says:

"IT'S NOT A HOUSE WHOLE NAME"

retards

sorry, that gives retards a bad name

fucking morons

Nice pic BTW
Posted 31 months ago. ( permalink )

bigfathandofrejection says:

I'm totally shocked by this! Putting a 14-year-old girl on the front cover of a porno... it's pretty much paedophilia... isn't that a matter of criminal rather than just civil law?
Posted 31 months ago. ( permalink )

aga_d says:

omg , i am shocked , lara.
you are one of the best flickr photographers.

those damn morons will burn in hell one day.
Posted 31 months ago. ( permalink )

siona73 says:

get your parents involved. write to authorities and they will get fined BIG TIME and then if you have a commissioned lawyer you can sue them.
got one of my stock from photo stock exchange that was to be used only with notice published in an erotic book. did i ever got anything from that? no.was my name mentioned ? no. your case is different tho because yours wasnt stock and even tho public domain was copyrighted and this is clearly a copy infringement. ill post your stuff on da thats where i came across you from edgar. my best wishes
siona.deviantart.com
Posted 31 months ago. ( permalink )

Proggie says:

Fnarf: I don't think Lara has to prove where the guy got the photo. That's not how copyright works. It's been proven that the guy sold the photo. It's up to HIM to prove he got it legally. He needs model releases and other paperwork. Obviously he doesn't have that. So he has absolutely no case.
Posted 31 months ago. ( permalink )

chrisrowenet says:

where can I buy?
Posted 31 months ago. ( permalink )

* selector marx says:

This is outrageous!!! They give me desire of removing all my photos...

How does topic go? I hope that you could solve it. Cannot Yahoo/Flickr, interpose any type of demand(lawsuit) against these assholes???

I am a journalist in Spain, this month I will dedicate a space to this fact ... I wait that like that I informed more people and could help you to solve it.
Posted 31 months ago. ( permalink )

orco_merengue says:

lets do something, fucK!!! that guy is really a ass hole,
THIS WORLD SUCKS!!! because people like him from Texas like oBUsh!!! ( with my respect for the cool people from that state) Aznar is from the same city than I and is a F.clown!!!!
btw , I can believe you need to pay 50.000 to fith for you'r rigths, somethhing is wrong in the states!!
let see if we an move the notice around.
Posted 31 months ago. ( permalink )

Bob Farrell [deleted] says:

I am very sorry to hear this. I have some friends in Houston. I'll ask them to find a lawyer who will work on a "no win, no fee" basis.

--
Seen on your photo stream. (?)
Posted 31 months ago. ( permalink )

RBD photo says:

Flickr also has some responcibility. If this happens to someone at www.photosig.com, they go after the theif with a vengence, and get action. I'd contact the management of flickr, they should represent you since once an image is uploaded, it is a form of copyright.
Posted 31 months ago. ( permalink )

Spencer Cross says:

Haven't read through everything to see if it's been suggested, but you should consider contacting the Texas State Attorney's office and the US Dept. of Justice to report a violation of Federal Law 2257. They take the use of potentially underage models very, very seriously.
Posted 31 months ago. ( permalink )

billndotnet says:

I am not a lawyer, but I made this same suggestion to Rebekka.

Even if he 'purchased' the photo from somewhere, you're pressing a copyright infringement case. If you can show what license is currently applied to your photo (flickr and deviantart included), and then conclusively state that no other licensing has been made. Do your homework, *know* what licensing you've applied to the photo by posting it anywhere. Push come to shove, you should still be able to fall back to basic photographer's rights.

From a punitive perspective, take the short path to vindication: License the US copyright to your photo to someone in the US. License agreement in hand, let that person act as your proxy for the purposes of filing suit. You have an abundance of evidence on your side, including the admission of the defendant of wrong doing. Everything you have on hand, including your face (no pun intended) is a reasonably strong case. File your suit in a circuit notably strong on prosecuting the exploitation of children. While you're not naked in the photo, it's the photo of a minor on content that has strict rules about the depiction of minors. I would guess this is a case within federal jurisdiction, because of the national/international sales.

Again, consult a lawyer to be sure. Good luck.
Posted 31 months ago. ( permalink )

Lars Pohlmann says:

they shall burn in hell!
Posted 31 months ago. ( permalink )

Propaganda Sifter says:

Okay, so let's be real:

1. Your face isn't even visible or recognizable. Your name was not on the published photo. No libel or lawbreaking really took place (aside from your claim of being a minor), which is a slap on the wrist from the government. The only person perpetuating any kind of mental stress is yourself at this point. If you have a mental breakdown, you have no one to blame but yourself for strewing your photo all over the net and then pointing out that it's you.

2. If you sued these guys, chances are they would just file bankruptcy, liquidate the assets of the company (that means: sell stuff on the cheap to all their friends in the industry, then buy it back when they establish another filming operation), and then they'd give you a cut of what the film actually sold--which was nearly nothing at all, most likely, judging by the quality of photos on said porn. Even if you won a judgment, it's unlikely you would make more than the company itself was worth (or what you spent to take the case to court). No big company will be liable for this. They indemnify themselves by buying smaller companies, such as the one that probably made your offending material.

3. Getting this kind of people in trouble with the law can only lead down a wrong path for you (and maybe even your family). You're dealing with people who were unethical enough to steal your photo. They make porn. What other unethical things might they do should you continue to vex them? What other shady characters might they know or have befriended? Who backs them financially? Because it's really them who you are taking on when you try something like this, not the CEO, the Shareholder. No, it's better for you to just avoid this mess entirely.

4. You've already taught them a lesson. No amount of barking will deter a pornographer. Think about it: these people have had to take on the Christian Right, the FBI, the Mafia.... what makes you think they'll be threatened by the likes of you? If anything, they will probably be more cautious about the pics they use in the future. You should be so lucky. They definitely heard you and are slowly taking care of it. Hence, you've accomplished most of your goal already.

5. Consider it a compliment that they didn't hate your pic. They liked it enough to even give you a back cover. Maybe the art director at this place has taste. Hell, maybe you should go into costume design for photo shoots? You could even use this pic as a credit? Sure, they should have paid you for the pic, but consider it an experience and move on already.

6. Learn to be at peace with yourself. Think of this story as one you can brag about when you're 50, not as something you regret (from the perspective of a victim, that is). "Be able to say, when I was a girl, I was hot enough to be on a porn video, even though I wasn't in the movie!" Right now you're in a victim mentality. THEY are doing something to YOU. What you need to do is view it from a different perspective. THEY are doing something FOR YOU. Once you make this leap, you will accept this as a learning experience, rather than as a punishment.
Posted 31 months ago. ( permalink )

Alex Curpas says:

Well, this certainly made you famous ...
Posted 31 months ago. ( permalink )

Fnarf says:

Propaganda Sifter: The company probably doesn't have much in the way of "significant assets" besides a couple of computers and whatever stock they have on hand. They don't make films; they repackage old ones and sell to distributors. The film in question was made in 1982. These porn guys are usually pretty smart operators, and probably have two dozen companies set up to move stuff around and lease back to themselves and so on.

Not to be cavalier, but "I was in a porn movie made seven years before I was even born" is a pretty good story.
Posted 31 months ago. ( permalink )

benisntfunny says:

$24.99? That's pretty cheap for a porno. Can you link me to somewhere I can pick it up?
Posted 31 months ago. ( permalink )

endoshoots says:

Shocking? Nope.

It's not like someone stole from you. It's not like it's your face and nude body. This is a bit lame, but I can understand you wanting to get it off the box. But you have to understand his position as well: takes a lot of bucks to remake covers. Even though he sounds like a slimebag, you still have to expect some of this kind of crud posting pictures. Just a fact of the Net.
Posted 31 months ago. ( permalink )

Den_Dove says:

This is so shameless :(

I told this story on some webdesign forums. They are kind familiar with those copyright problems. If they have some advice, i'll let you know for sure...

Good luck with this Lara !
Let us know if we could help.
Posted 31 months ago. ( permalink )

Soapster.co.uk says:

Presumably they have a copy of the 'model release' form? Didn't think so.

Story also here:
www.sfgate.com/cgi-bin/article.cgi?f=/g/a/200 7/05/31/viol...
Posted 31 months ago. ( permalink )

dion747 says:

Here are some sites to look into
If you go at it on a criminal angle, later you'll be able to file a civil suit against them

news.com.com/2100-1028_3-6142332.html
www.childcentre.info/projects/internet/abusiv eimage/dbaFi...
www.nationalalertregistry.com/
www.prevent-abuse-now.com/law3a.htm
www.anthonycantrell.com/CM/FSDP/PracticeCente r/Criminal-L...
Posted 31 months ago. ( permalink )

mlaporte1 says:

LJ -

I sent you an email message. I'm an intellectual-property attorney in the U.S. and am looking into whether my firm can represent you on a pro bono basis.

I'd rather not post my work email address here, but you can contact me there at any time.

-Michael
Chicago, IL
Posted 31 months ago. ( permalink )

Creep Machine says:

I know this is frustrating as hell, but there is kind of a Catch 22 to posting this news all over the place. Inadvertently this dvd is now getting all the free press the creator could hope for.

So hopefully this gets resolved soon, so that the company doesnt make any more money. Read the post above mine, contact that lawyer. If he cant do it, others will be able to do it pro-bono. It will just take some searching.
Posted 31 months ago. ( permalink )

omghidaniellepixx says:

Seriously, go to some tv lawyer like Judge Judy or Judge Maria Lopez. You'll obviously win and it'll be HILARIOUS
Posted 31 months ago. ( permalink )

leondz says:

Hi,

You can mail Google and have them remove these offending results without the intervention of a lawyer. Their page with full details is at www.google.com/dmca.html . I've created a letter for you in Word including all the needed data with gaps for your personal information, and it's available at:
www.pashminainternational.com/lib/yhst-115815 19917332/dmc...
You should only need to fill the gaps, then print it and send it to the included address, whilst emailing a copy to removals@google.com .

Hope this helps, and good luck.

Leon
Posted 31 months ago. ( permalink )

James Glover says:

Good luck with this, whatever the outcome. For what its worth its an excellent photograph, something which my amature dabbling will probably always aspire to. I'm afraid I can't offer any legal advice or any practical suggestions, yet do want to offer a further voice of support in the situation. While I am not aware of anyone stealing my images (Two have been used with permission) I can imagine the hurt caused not only by the theft, but by the feelings of disgust cased by how they were used, especially for self portraits. I don't think "like it or lump it" (as some seem to have suggested) is the correct attitude to adopt as it speaks of a defeat and resignation to something which, though perhasps inevitable, should not be. You may not be able to prevent things like this from happening (although I hope you can stamp down on it when it does), but that is no reason to lie down and ignore it.

Oh, and the porn guy sounds like an utter to***r to put it somewhat mildly. If you do manage to get some form of compensation, I doubt you'll be the only one cheering.
Posted 31 months ago. ( permalink )

rraaarr [deleted] says:

Hey,

I saw your photograph issue on flickr (via reddit)... anyway, when I lived in Chicago there is a group of lawyers that belong to a group called Lawyers for the Creative Arts - they basically consist of lawyers from the big firms who are required to dedicate a certain amount of hours on a pro-bono basis to artists. They are in Chicago, so they may not be able to help you directly, but what they probably could do is refer you to someone decent in Texas who could help you. Anyway, it's worth a try.

Here is their website law-arts.org/Contact.htm
Posted 31 months ago. ( permalink )

Nahuel Demichelis says:

oooooooooooooo that's really bad
good luck
Posted 31 months ago. ( permalink )

mtwelles says:

Lara Jade,

I don't know whether you've heard this advice yet, and I'm too lazy to go through 459 comments, but try contacting reporters in the sleazebag's city with your story. Describe your situation and the sleaze's general attitude and reply. The Houston Chronicle (http://www.chron.com/) is a good place to start With more publicity, you are more likely to get legal help.

Good luck.

Kkachi@hotmail.com
Posted 31 months ago. ( permalink )

Ei Katsumata says:

Sorry to read about this. Two issues here: (1) copyright infringement, and (2) lack of a model release.

(1) Forget about copyright infringement, unless the image was registered with the US Copyright Office. If I'm correct in assuming the image wasn't registered with the US Copyright Office, you will not be able to recover any statutory damages or legal fees. Most lawyers probably won't want to touch this one without an upfront fee (as you already found out).

(2) The video production company used an image of you without a model release signed by your parents (you're a minor), which might be worthy of consideration by some lawyers. There have been lawsuits settled for millions of dollars for unauthorized use of unreleased images.

Here are some lawsuits that might set a strong precedent:
Taster's Choice loses $15.6 million verdict to man on its label

ROYALTY-FREE PHOTOS: Models Unwilling to Share Memories
(scroll down for the article)

An Ohio woman is demanding $20 million from Yahoo

My advice would be to have your parents contact some lawyers here in the US, since you're still a minor and it's really up to them if they decide to sue. If you can find out who the lawyers were in the above cases, they might be wililng to take your case as well.

Just a quick disclaimer -- I am not a lawyer, but I do advise you (or your parents) speak to one.

Good luck with everything, and I hope it works out for you.
Posted 31 months ago. ( permalink )

flickr for teh winn says:

Fuck those niggers!

I hope u sue and win girl!
Posted 31 months ago. ( permalink )

busby1308 says:

Well your story is in The Sun newspaper in the uk today it's the biggest selling tabloid, plus I've seen it now in four different newsletters so I think your starting to get more attention.
Posted 31 months ago. ( permalink )

lilcrazyfuzzy says:

www.thesun.co.uk/article/0,,2-2007250540,00.h tml

--
Seen on your photo stream. (?)
Posted 31 months ago. ( permalink )

Lazy Sunday's [deleted] says:

This is a serious matter. If you had a shit hot lawyer you could make millions of dollars. But then again you could get nothing. It depends how they obtained the photo.

Remember the Traci Lords case? The underage minor that shut down the porn industry. They do take these matters really seriously in the states.

Good luck.
Posted 31 months ago. ( permalink )

Mohannad Hashem [deleted] says:

Well I just made my photos to where they can't be downloaded, and even if they take a screen grab, they're just too small to properly be used anywhere.

Sucks this happened to you, but now the rest of us can make sure it doesn't happen to us.
Posted 31 months ago. ( permalink )

matrix2003 says:

I backed off from DA a couple years ago after they changed the user agreement and basically gave away all your rights to your own work. If you really read the fine print at DA, you will realize you have NO PROTECTION from anyone using, stealing, reselling, etc... anything you post there. Sorry this happened to you. Post on your own site, watermark your stuff, and stay off of DA.
Posted 31 months ago. ( permalink )

bymasson says:

It's a great shot, so angry for you in the way it's been used.

Any updates on the situation? I really think that the FBI or even the British police department that deals with internet pornography would be very interested in all this................
Posted 31 months ago. ( permalink )

Lazy Sunday's [deleted] says:

Matrix hits on a big point which makes your case fail in court.

1. Devianart gives away all your rights.

2. Devianart is for over 18's only so by posting on there you broke the rules and have submitted images to an adult content website. Its not called Deviant for nothing.

Definition of Deviant :

A person whose behavior deviates from what is acceptable especially in sexual behavior [syn: pervert] .

So unfortunately you have no case.
Posted 31 months ago. ( permalink )

AArchibald says:

I saw your story on the Sun too...
www.thesun.co.uk/article/0,,2-2007250540,00.h tml

Good luck with this. They'll still get what's coming to them.

These kind of things make me rethink my online accounts. It's terrible that something like this happened to you.
If you want to think of it in a positive way...your page is going to get tons of traffic ;)
Posted 31 months ago. ( permalink )

Lyri says:

Regarding what Mohammed Hashem said in this post:

You would think that, but the image of mine that was stolen was stolen at 500x750 pixels, and printed at about 11 inches of height. If you do the math, from 750px height to 11 inches... the resolution is gross. That was part of what bothered me. I mean, had they asked for the picture, I would have given it at a high resolution for a very cheap price for that particular case.

And to Lara:

Your pictures are so great, and I really really hope that this actually gets enough attention so that you can get some legal help, because that is one of the saddest cases of copyright infringement I have ever seen. I mean, a 14 year old's selfportrait on a porn dvd cover? I really hope you can sue their asses off.
Posted 31 months ago. ( permalink )

rozziland says:

OMG that would make my head pop!!!! The nerve of those people to outright steal an image, let alone do what they did with it! Guess they were too cheap and unprofessional they couldn't afford their own photographer. On the bright side, in a way I would take it as flattery... that's a damn good picture. Anyway, I hope you find a way to get justice, and I hope you win tons of money from those bleeps. I'm in Texas...and I would love to beat the heck out of those guys so badly.
Posted 31 months ago. ( permalink )

Puzuki Studio says:

Hello-

I researched US government agencies that can help you get something done about this. Start here:

www.usdoj.gov/criminal/ceos/

I believe this case is classified as child pornography. It is not so easy to just get a lawyer and sue. It's better to contact the Department of Justice using the link above. In the US there is a great initiative against child pornography and sexual predators right now.

You owe this to yourself and anyone else who has been exploited in this manner to contact the US Department of Justice and put an end to it. You are likely not the first person who has been victimized and it will not stop unless someone like you takes action.

I can't repeat this enough, if you really want to make a difference with this, contact the US Department of Justice.
Posted 31 months ago. ( permalink )

rozziland says:

Going on what John Harper & matrix mentioned... this is what it states in the DA Terms of Service that may be of disadvantage in this case, assuming the image even came off of there originally:

13. Registration

To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service.

16. Copyright in Your Content

deviantART does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to deviantART a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, you allow third parties to copy, distribute and display your Content.

I wish you a lot of luck with this... what an unfortunate situation, but something that everyone should take light of and not forget--image copyrights!
Posted 31 months ago. ( permalink )

Puzuki Studio says:

Anyone who reads this report, if you really want to help please visit this website and fill out the complaint form (5 minutes tops). The more people who report this, the faster action will be taken.

www.cybertipline.com/
Posted 31 months ago. ( permalink )

kpmaguire says:

I'm astonished that you haven't found an American attorney willing to take this on. We're approaching an election over here, and the PR value of this case for a social-conservative politician running for office is tremendous.

No amount of money can buy a candidate a reputation like "took on pornographers who stole a 14-year-old girls photo and put it on a porn video cover."

I don't run with the social-conservative crowd myself, but if I were in your place, I'd start with these people: James Dobson's Focus on The Family, Ed Meese, Ralph Reed, or the Christian Coalition
Posted 31 months ago. ( permalink )

mcfnord says:

hey, be strong. you obviously have immensely more style than that douche pornographer.
Posted 31 months ago. ( permalink )

cinemamormon says:

I suggest using a special interest group. The lawyers won't bite, at least not without involving huge sums of cash, but they would if the story was big enough, presswise. The press won't bite because currently, no one is interested. This is surprising to me, because it certainly holds a lot of potential for interest. Fox News should gobble it down. But, if you want to get their attention, get a few special interest groups behind them. Anti-porn organizations. I'm not fond of them, I like porn and like my freedom to view it, but what they've done in this situation is reprehensible. The situation would be a great soapbox for the antiporn guys, which should get the media involved, which should get lawyers very interested in you. If they bring down whoever is responsible and make them pay, then they will get paid in the end, and they will get a ton of press coverage.
Good luck.
Posted 31 months ago. ( permalink )

zzmissa says:

This is horrible. Perhaps contacting some newspapers? The Washington Post (in the US) has been known to bring situations such as this to light.

They recently exposed the horrors of a female athlete (still in highschool) who was exploited on the web. I think it would be a good idea to contact some american newspapers.
Posted 31 months ago. ( permalink )

angelicdemise says:

Contact the US media. As much as I dislike FOX news, they would probably be the most likely one to pick up this story and run with it. Because you were a minor in the photo (actually, by US law you would still be considered a minor at 17) having one of your pictures be used without your permission by a porn company is very much against the law here.
Posted 31 months ago. ( permalink )

MPHDodgeDaytona says:

This is just wrong!!!!!!!!!!!! I have just got a flickr-mail about a month ago to use one of my senior photos I took to replace a photo in a black20.com video. I said no because they wanted me to sign the copyright over to them, so I feel your pain too. Also I am on carcrazycentral.com and I had a friend e-mailed me with information that someone was stealing our photos and selling them. The pictures aren't as bad as this was, they are just cars. But he was so mad he knew where the guy lived and he was just getting around his fifty buddies around just to shoot the guy in the head. Sorry for the gruesome, but it show there are people out there that will help. Look for the good and someone will get rid of them and put them in jail or put them on death row. I have saw and liked many of your photos on here for a year now and I hope everything goes great.
Sincerely,
MPHDodgeDaytona
P.S.--I saw this on g4tv.com's "The Feed" just to let you know the more it gets out the easier it is to stop this awful crime.
Posted 31 months ago. ( permalink )

daria246357 says:

so i read your story and though "omg...wtf" and i emailed ABC. i dont know if it will work out, but i'm going to try as much as i can because i know if that happened to me i would be pissed.
Posted 31 months ago. ( permalink )

Norman_Rafferty says:

www.LegalCPU.com

They can file a lawsuit in Texas, USA on your behalf.

Good luck to you! I'm sorry to hear about your image being misappropriated. You totally and completely have a right to sue for damages.

Save those emails. They're fodder for your case.
Posted 31 months ago. ( permalink )

Sexysabi says:

Well I know a bit how you feel- But I had a bit more sexual pictures up but they ended up EVERYWHERE over the internet....

MY SUGGESTION
Quit contacting the people you're talking to and save everything you have from them so far and your picture you've printed. I can hardly believe some of the stuff that they said to you! Not only is it demoralizing to be put on that type of cover but then to be treated like that??? Yeah no...
Get a lawyer from the United States because all those lawyers are just stupid if they won't take on a case like this- For Pete's sake you're 14 in the picture and to me at least (clothed or not) That screams child porn to me.
Get your lawyer to speak with them and send them a lawsuit- Copyright is an international law and you will get compensated. Trust me you can find a lawyer who isn't stupid enough to charge you that much money or a lawyer with a bit of heart. If you actually get legal council they will not have the balls to take you to court. They will settle out of court- a jury would rip their sorry asses to shreds.

Have you tried contacting USA news groups?

Sabrina Marie
Posted 31 months ago. ( permalink )

Lazy Sunday's [deleted] says:

Please read above. Lara is in a no win situation. By placing images on Deviantart she has:

placed images on an over 18 website, which is not allowed for minors:

in deviantarts rules:

"13. Registration

To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service.

also given her copyright away:

16. Copyright in Your Content

deviantART does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to deviantART a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, you allow third parties to copy, distribute and display your Content." posted by Rozziland.

So there is not point giving Lara a false sense of hope. What we can learn from this is that artists should not give away their copyright and be careful where they place their images.
Posted 31 months ago. ( permalink )

www.mfr-photodesign.de says:

oh my god. what a bloddy ashole... Keep on posting it all over the net. As it's too expansive to sue them you have to fight them in another way... Some of my pics have been stolen as well, but none of them ended up on a porn cover... It's a scandal... Even more though you were only 14 when the shot was taken...
Posted 31 months ago. ( permalink )

Itkovian says:

I hope you can sue them for all the money they have. Bastards.
Posted 31 months ago. ( permalink )

Ana Prado says:

Oh!
It´s not possible!
I will try help you.
Bye bye!
Posted 31 months ago. ( permalink )

Albita. says:

I would like to help you any way, but I really cannot do anything but express my feeling about the topic here. I think those people have really done something very wrong and that they must do something not only for removing it from the market but also for compensating you for having literally stolen your art work and having used it with so a dirty goal.
Just know that I support what you are asking for.
Posted 31 months ago. ( permalink )

Real Moose Miller says:

*John Harper,

Though the information you have provided is correct, your interpretation and furthermore, your suggestion that there is nothing that can be done in this situation is misleading and unjust to say the least.

The only part you are correct in stating is that Lara (or anyone else) must be 18 years or older to register to deviantArt; this much is true. Though it is my belief (and I strongly advise this to be a belief; this will need to be clarified with the appropriate authorities), that this breach will not hold given the circumstances Lara is placed under.

The other part (16. Copyright in Your Content), is the part which has been misread on your behalf.
It cites that content does in no way belong to deviantArt except to "reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform" the said content. This does not in any way imply that the account holder has given up any rights to their work.

The other part - "Please note that when you upload Content, you allow third parties to copy, distribute and display your Content" merely refers to the notion that there is every possibility that someone at some time can perform such function/s; though, having said this, it is still illegal.

Please note (also according to deviantArt - FAQ #94): "All images on deviantART are the legal property of the respective artist. If you want to use an image for any other purpose than to set it as your personal desktop wallpaper you need to ask permission. This includes images that have a download option as well as any form of reuse commercial or non-commercial as well as unchanged or manipulated)".

Also (according to deviantArt - FAQ #8): "Current deviantART policy defines 'Art Theft' to be any situation where a user takes the original art, photography, or writing of another person (a 'third party') and then either misrepresents the original, unaltered work as one of their own creations or includes the work (either altered or unaltered) in a new image".

And finally (according to deviantArt - FAQ #257): ".According to official deviantART policy you must obtain expressed, written, and verifiable permission to include artwork or photographs belonging to a third party in one of your own creations.

Essentially what you need to do is contact the proper copyright owner of the material which you wish to use. Once contacted the owner of the material needs to provide you with a written statement which needs to clearly say that you have permission to use the work and that you have permission to sublicense your derivative work to deviantART as required by deviantART's Submission Agreement. The owner should state that they understand the nature of both deviantART and the nature of the Submission Agreement".

These are all very strong terms by which is completely and utterly understandable on part of all those who read them. Suffice to say, there is much that can be done and achieved by Lara if the right channels are appropriated.

Lara,

What I suggest you do is make sure to hang on to all correspondence between you and the company manager; from what you have posted on this site so far, is an outright admittance made on behalf of the manager and the company of their breach. With this information as evidence, any lawyer would not be in their right mind to ignore this and should see that there is a case that is both manageable and financially rewarding for them.

Not only has TVC breached the laws of copyright, as you are very well aware, there are grounds in which they have involved a minor in the promotion/publication and sale of pornographic material. This is a felonious and consequently a jailable offence. There is also some good advice given at You Thought We Wouldn't Notice, where your story has also been published.

Above all else, I wish you the very best in this awful situation; if you need to get in contact with me for anything further, please leave me a message.

Moose Miller
Posted 31 months ago. ( permalink )

polite meeting says:

lol
Posted 31 months ago. ( permalink )

Douglas Nascimento says:

I support you.
I will do my best efforts to help you.
Posted 31 months ago. ( permalink )

ivvvvv says:

It does make a good cover image. You should make a similar one but with "Not Porn" in place of "Body Magic".
Posted 31 months ago. ( permalink )

Hélène Deroubaix(old flickr not here anymore) says:

sue their ass off beautiful Lara!!!!
How dare they steal your art for fucking dirty movie and sending then pathetic emails like that!
they can't go away with it just like that!
your work is copyrighted, find a lawyer if you can afford it, you will win!that's for sure, because they dont have the right to sell something that does not belong to them!

I wish you good luck with this and my empathy for all the anger and disapointment it might have brought in you!

Blessed be!
Your art is that amazing that it's getting stolen , you're gonna make a Wonderful career I know that !
Posted 31 months ago. ( permalink )

Witchbaby0101 says:

You should be contacting major American news orginizations like CBS, CNN or even Fox News. Just mention that a porno company stole images from a 14 year old girl to use on their covers and they'll be all over it.
Posted 31 months ago. ( permalink )

{Katy Elizabeth} says:

Saw you on page 16 of The Sun!
*thumbs up* Lara!
Posted 31 months ago. ( permalink )

SquidRNA says:

Most of the links show a new cover, suggesting that sites showing the old cover simply haven't updated it.

From an objective standpoint, this is understandable since the new cover looks dreadful.
Posted 31 months ago. ( permalink )

caitlinmcnaney says:

""Take the sexually-charged world of big-time fashion photography...add to it an achingly beautiful twenty-two year old woman with talent, determination and innocence...and see where fantasy meets reality in a passionate tale of ambition and lust.

Laura, as performed by fascinating newcomer, Kathleen Kristel, brings to the world of photography a freshness and sensuality rarely found.

Laura learns the ins and outs of the world of desire, captured for all eternity by a camera that never lies.

A world of gorgeous women...bodies gleaming under hot lights.

A world of fantasies...frozen in time.

A world of magic...Body Magic."

"

this makes it toally sound like your even in it. assholes.
Posted 31 months ago. ( permalink )

caitlinmcnaney says:

that was from "www.gaytoysformen.com/catalog/MovieDeta ils.cfm?CFID=57816..."
Posted 31 months ago. ( permalink )

he-cries-elusive says:

Now, how many times has your art work been ripped off? I'd just take everything off the internet and be done with it.
Posted 31 months ago. ( permalink )

AriadneInLove says:

I already commented on how horrid this was but I wanted to be your 501st person to drop a note. Let us know how it goes.
Posted 31 months ago. ( permalink )

Raw World says:

This is unbelivable.
They acted in a subtle way, and this is the worst thing!
They should go to prison immediatily and remain there for some century!!
Let us know how it goes.
Posted 31 months ago. ( permalink )

Dalboz17 says:

What an AWFUL situation to be in. What ridiculous ignoramus assholes. Best of luck to you!! :(
(And as other have said, removed from the circumstances, it IS a very nice image!)
Posted 31 months ago. ( permalink )

housewave says:

You have two solutions FROM NOW ON:
1. Watermarked pictures
2. Low resolution for share
Good luck solving your existing problem!
Posted 31 months ago. ( permalink )

rebeccabradley82 says:

Also covered at: www.ephotozine.com/article/Flickr-user-Lara-J ade-has-imag...
Posted 31 months ago. ( permalink )

shaveyourheadgirl says:

the appeal of this image lies in its inherent sexiness. you now realize you have lost control of where and to whom this image will be seen, but the fact is that you already lost this control when you posted it on the internet. unfortunately, gross dudes are making money off of you but is this really any worse than the gross dudes jerking off to you via deviant art? the sad thing is that you are exposing yourself to this sex shit at such a young age. i guess that is what happens when people tell a skinny 14 year old girl that its ok to promote herself as a sex object through the photographic "self portrait". photography is regressing as an art form more every day.
Posted 31 months ago. ( permalink )

NikonD80 Visions says:

Just not right. Behind you all the way.
Posted 31 months ago. ( permalink )

JoeDiB says:

Ok... everyone smile at the camera and say, "SLEAZE!"

..not really.

Tell 'em, "I'll be back!" That'll take care of it.
Now what else do I need to do? Good Luck Lara. I can't stand when that happens.

♥ Ciao! :) Bella
JOeD
JFD
Posted 31 months ago. ( permalink )

joe burden says:

This is the danger of posting images on flickr....Had one of my pics downloaded but they ask permission first...Good luck with it and hope someone can help you. Rgds. Joe.
Posted 31 months ago. ( permalink )

LeighTaylor says:

OMG!!! This is insane!!! I am soooo sorry!!
Posted 31 months ago. ( permalink )

lavi_is_sick says:

oh no!
Posted 31 months ago. ( permalink )

budafest06 says:

Sent this to NY Times - news-tips@nytimes.com

Hopefully if enough people do it it will get the attention it deserves.
Posted 31 months ago. ( permalink )

aaron.evans says:

It is a sad world we live in; obviously the guy you contacted is a complete idiot but look at the industry he works in. I am surprised that the media hasn't responded in a more positive way. The digital age brings problems for photographs and designers. Images can be stolen easily one right click save as and a bit of Photoshop to brush out the copyright notices is all it takes. The two way of stopping this; one is by slapping a copyright notice all over the image which in turn spoils the image the other is keep your photography to yourself (but that would be pointless we are proud of what we produce, we want to share it with others, the internet is great for that very reason the ability to share anything with everyone). How are we supposed to exhibit photography on the net? No matter what happens that image is always going to be tainted in your eyes. It's a shame because it is a great photograph. I wish you luck in your endeavour. (Sorry to be so cynical just we really seem to have little power over the corporate)

Sorry for ranting and babbling.
Posted 31 months ago. ( permalink )

Briconcella says:

Posted about it, in French . Let me know if link is useful.
Posted 31 months ago. ( permalink )

brponte says:

send a e-mail to FBI, this is a crime.
Posted 31 months ago. ( permalink )

Bestial Shenanigans says:

There are a number of reasons they won't take you on commission:

1. You are a minor. They can't release your name to the media, which means no coverage.
2. You're foreign. Overseas law makes terrible copy, and never makes the news.
3. Your claim for defamation is iffy, and stateside, intellectual property is essentially valueless unless you can demonstrate commercial value.

Sad, but true. Your only strong chance to bring suit is to turn 18, move to the states, and start working as a photographer.
Posted 31 months ago. ( permalink )

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