Legal Question in Criminal Law in New York

Legal matter

I received an instant message online the other day that asked if I model or would be interested in modeling. I answered this Instant message and was told that the individual was looking for a female to pose in thongs, gstrings and shorts for flyers and cd covers. The payment for that was said to be $200. I was also told that he was also looking for someone to pose nude for a magazine and that graphic designing would be used to make the body look like it was covered in silver. The compensation for that was $500. I decided to meet with this person and do both type of shoots. I was told that I would get paid after I take the pictures, after they were developed because they had to be developed in order for me to release the rights for him to use it. All of this was suppose to occur the day after taking the pictures were taken. It has been 3 days since these pictures were taken and i fear that I will not receive my compensation, and that my pictures will be used without my authorization. What can I do? Please help. Email me @ [email protected]


Asked on 2/17/04, 10:23 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Legal matter

This is an interesting question.

First, if the photographer uses the pictures without paying you then he is guilty of a crime. However, only a police officer or district attorney who is a friend of yours will pursue the case (it would be a fraud and possibly something more salacious). Were I a District Attorney with political ambitions, I would prosecute the case.

There is also an issue of wire fraud and the FBI might be interested. I think they are your best bet for actually prosecuting the case.

If your aim is to keep the pictures out of circulation (avoiding publication) you have a good chance; but you need to find an address on this person. Again, the FBI is a good bet if you cannot find an address.

If you just want to get paid, then that can be done very easily. The big problem is service of process, but I would be willing to take the case without any guarentees there. The big issue is whether he has any accounts (bank, credit card, etc) in the United States. If he is an internet pornographer, then the odds heavily favor that he is paid by americans with credit cards. That money can be directed to you.

The best situation is where we find several persons who have been defrauded like you and can send a message that something can be done about these people.

If you want to pursue this project, I would be happy to speak with you.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

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Answered on 2/18/04, 3:09 pm
Richard Roberts Richard A. Roberts, Esq.

Re: Legal matter

This appears to be more of a civil question than a criminal one, however, if you are seeking to get paid for the photos you can sue the photographer in Small Claims Court.

If you are trying to stop the photographer from using your photos that may be a bit more difficult as you would have to attempt to get an injunction from a higher court.

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Answered on 2/17/04, 10:45 pm


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