Legal Question in Intellectual Property in New York

Re: RIghts to profit from photographic images

I would definitely NOT publish her images without her consent.

Putting aside for a moment that these pictures are 'adult oriented', consider this: what exactly did you pay her to do? What was the bargain? You paid her to "take part in" an activity, during which activity, her images were apparently captured. You may have paid her to POSE for the images (I am assuming you had permission to record the activity). But, did she ASSIGN her rights in the images to you or give you a license to publish the images (in any manner, for any length of time)? If you just paid her to participate and pose for you, you have received the benefit of your bargain - end of story.

If you believe you had a verbal agreement allowing you further rights to use the images (publish, reproduce, distribute, sell), and you act upon your belief, you are going to have a 'tough row to hoe' convincing a judge in defending yourself against the lawsuit which Ms. Porn Star will probably bring against you.

Re: RIghts to profit from photographic images

Publishing the material without a signed consent invites issues that you are certainly not ready for.

Get the consent of sue her for breach of contract.

In either case you do not appear to be in a very strong position to use the images as you wish.

Good Luck and discuss this further with counsel if you choose to act.

Re: RIghts to profit from photographic images

I would not publish her photos/video material without her signed, written consent. Your action against her, at this point, is for breach of contract and, as such, you need to pursue her for the refund of your money. If you publish the material without her consent, it will not be simply a case of getting what you bargained for in your verbal contract with her. It would be a case of getting what you have NOT bargained for - liability for invasion of her privacy. Hope this helps, even though its probably not what you want to hear.