Legal Question in Civil Litigation in New York
graphic material
i had a part in a porno movie, just as a topless bartender, i did'nt do any sex scenes, but this was 20 years ago, and i signed a general contract, and they did not give me a copy of it. now i see that they are selling it on a website, and they have a banner that says: this product and all graphic materials associated there with on which this label appears are exempt of the requirements of title 18 section 2257. USC. because all visual depictions of sexually explicit conduct appearing therein where made before july 3rd, 1995.--i want my face out of this movie and never thought it would be for sale 20 years later. do i have any rights after this long?
2 Answers from Attorneys
Re: graphic material
Your rights depend upon what's in the contract. However, it's possible that a company, faced with the possibility of litigation over something 20 years old, will simply pull it from the market.
If you'd like to discuss the matter further, please feel free to get in touch.
Re: graphic material
I disagree with my colleague about the probability of them pulling the video because of a threat of litigation.
Your negotiating strength depends on their ability to produce the release you signed. If they have it and it's a valid industry-standard release, you would have no legal grounds to demand anything. If they don't have it, you're on stronger ground, but be careful of what you wish for: Their strongest negotiation position would be to publicize any lawsuit locally in your area newspapers to attract interest from potential buyers of the video.
This might be a case where you may not want to wake the sleeping giant. After 20 years, the odds of someone viewing the video and recognizing you is small.
Good luck!
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