Legal Question in Entertainment Law in California
no model release for internet
I was involved in a audition for a non pornographic fetish website where I was video taped in a room with 3 other individuals and told that the tapes would not be used for any purpose but to decide whether they wanted to hire. Later my photo and full name were put online without my consent. the owner has a business in the netherlands but operates mainly (solely for what I know) in the US. The company is run by a ADA in NYC but she keeps her name very well concealed and used her employee's personal checks and email and phone to arrange everything and puchased airline tix, and wired money using front of the web design company that she also hosts the websites that used my footage. I have promises that no one would ever know I did it from her personal email but the emails are all encrypted and routed though the netherlands. The web design company is in Houston, TX. I have all communications between her and I and may have an idea as to her real name. She has since proceeded to post my name and tape all over the internet and has purchase a domain in my name (example:johnpdoe. and put my personal email and ''myspace'' page up on that site. She claims because she her business doesn't do enough in each state she's not underany juris
2 Answers from Attorneys
Re: no model release for internet
First of all, she and the company are subject to at least one jurisdiction and a claim of fraud as well as misappropriation of and wrong use of image. Second, you may be able to sue in MA depending upon the details of your situation.
Second, she and the Netherlands company are not immune from suit and can be sued in the US and then under an international convention in Brussels. The problem is cost. You may have a complaint against the ADA(I assume this means Assistant District Attorney) and can file a complaint with the NY Bar association.
You might want to contact the Attorney General's office of both CA and MA and see if they will assist you.
Good Luck
Re: no model release for internet
Consult with a lawyer in your own jurisdiction -- if the message was coded correctly, you are a California resident, and that state has very strong protection against misuse of one's image/name. You could also assert jurisdiction where the photography was done, but there should be no need to do that unless there is some advantage under the laws of that state (you don't say where it was).
Best wishes,
LDWG
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