Vicky Vette suing AdultFriendFinder

[CIVMatt]

http://lukeisback.com/?p=20168

ADULT SUPERSTAR VICKY VETTE SCORES LEGAL VICTORY IN BATTLE AGAINST PENTHOUSE?S ONLINE DATING GIANT ADULTFRIENDFINDER 
"I?m Not GROOVY232 in Your Neighborhood"! Says the Star

Adult Superstar & current XBIZ Webstar of the Year 2012 Vicky Vette (http://www.twitter.com/vickyvette & http://www.vickyathome.com) has just scored a significant legal win in her battle against online dating giant AdultFriendFinder & Danni.com (owned by Penthouse). Vette sued AdultFriendFinder (& Danni.com) arising out of claims AdultFriendFinder is stealing her likeness to use on thousands of worldwide banners and advertisements identifying her as ?Groovy232′ looking for a ?date?. Vette asserts that AdultFriendFinder is actively using pictures of a number of adult stars without their consent, knowledge or payment, to lure members of the general public into joining dating websites. On Thursday, March 29, 2012, a Court in Los Angeles completely denied a Motion by AdultFriendFinder & Danni.com to dismiss Vette?s case and is allowing the popular star?s claims to proceed to trial. AdultFriendFinder argued in a Motion filed with the Court that the image of Vette it used for banners was shot by Vette for Danni.com & that it got the permission from Danni.com to use her picture. Vette is one of the world?s best known adult stars. She is the #1 Followed Active adult star on twitter with over 286,000 followers. She is the #1 Followed Norwegian in the world as is in the top 1700 followed twitter users worldwide. Vette was recently nominated by AVN for Solo Girl Website of the Year 2012 was named by XBIZ as one of the Top 100 Newsmakers in adult in 2011.
Vicky Vette is quoted as saying: "I?m thrilled we won this significant ruling & that AdultFriendFinder can?t use model releases to get the case dismissed. I shot for Danni.com to be their Girl of the Month ? not to be used as bait in AdultFriendFinder. No, I?m NOT Groovy232?. and no?.. I am not in El Paso, Tucson, Santa Clarita or anywhere else seeking a casual fling in your neighborhood (*shock*). It is outrageous that AdultFriendFinder can think it it?s ok to use my image without even letting me know. I think it?s a scam on me & the general public. I am not sure where this ranks in the ?annals? of jurisprudence but I am happy with the result in Court. I know of at least three other girls in the business they are doing the exact same thing to, including Bibi Jones, Carmen Valentina & Gisele. I had nothing but respect for Danni and Penthouse (which owns AdultFriendFinder) so I am a bit stunned they would treat adult stars this way. They should pay girls if they are going to put them in advertising saying things like ?Gets Double Teamed?. You?d think someone would have called me saying ?hey, do you mind if we put you on thousands of worldwide websites saying you are looking for a ?date??? I can?t wait for my day in Court and thank the Judge for giving it to me."

Vette is represented by Beverly Hills attorney Michael Kernan, Esq. who added, "Lots of adult Companies think they can do anything they want with a model release, but they do not understand release language. Endorsement language is very specific, and it is not in most model releases. AdultFriendFinder argued it had model releases barring any claims, but the Court was not convinced anything covered the image in question. Anyone who may have seen Vette?s images in AdultFriendFinder advertising are also encouraged to contact my office at [email protected]."
The matter is anticipated to proceed to trial sometime this year. FriendFinder announced last week that its CEO Marc Bell was stepping down on the heels of a $10million loss for the 4th quarter of 2011. It has been trying to go public since May 2011. Vette comments "Maybe AdultFriendFinder and the companies that run it are trying to save a few bucks by not paying the models they use as the face of their websites. You?d think they would want to take care of girls they use to get them memberships."

Vicky Vette can be reached for comment at:
http://www.twitter.com/vickyvette&#8...w.vnagirls.com



Cliffs: AFF is using her as a profile making you think she's living next door to you. Claiming model releases don't extend that far. Pornstars starting to line up to sue all dating programs for faking their persona's

[19teenporn]

Congrats to the winners!

[AdultEUhost]

wow, well it was about time if you ask me, i am sure more will follow

[astronaut x]

Attention : Fling!

[Jman]

Settlement... Cash before Justice ;-)

[astronaut x]

I wonder if Michael Kernan is interested in more of this type of business?

I know a few sponsors who would like to get their images removed from someone else's site as well.

[JFK]

Originally Posted by Jman

Settlement... Cash before Justice ;-)

yup

[Sharky]

It will be interesting to see how this plays out in court. If there is a contract that outlines ONLY specific uses of the content and not unlimited use, then shame on them. But if this is the case of a model not liking the use of an image she was paid for, and all license/copyright/etc are in place, then I would hope this ends with AFF coming out on top.

What is AFF to do? What do dating sites do?

Certainly members don't want their image used all over the web for marketing, and AFF has done the right thing and used only licensed 2257 compliant images in their marketing. They even take it a step further and ALWAYS mentioned the photos are for advertising purposes only. Most dating sites don't.

I'll be watching this close, as all dating sites and their affiliates will be affected by the outcome one way or another.

[AdultEUhost]

Originally Posted by Sharky

It will be interesting to see how this plays out in court. If there is a contract that outlines ONLY specific uses of the content and not unlimited use, then shame on them. But if this is the case of a model not liking the use of an image she was paid for, and all license/copyright/etc are in place, then I would hope this ends with AFF coming out on top.

What is AFF to do? What do dating sites do?

Certainly members don't want their image used all over the web for marketing, and AFF has done the right thing and used only licensed 2257 compliant images in their marketing. They even take it a step further and ALWAYS mentioned the photos are for advertising purposes only. Most dating sites don't.

I'll be watching this close, as all dating sites and their affiliates will be affected by the outcome one way or another.

AFF should have bought (the rights to use the) content, just like every other paysite
This is more or less the same thing as somebody starting a paysite and filled the members area with stolen content

[CaptainHowdy]

[brentbacardi]

Originally Posted by Sharky

It will be interesting to see how this plays out in court. If there is a contract that outlines ONLY specific uses of the content and not unlimited use, then shame on them. But if this is the case of a model not liking the use of an image she was paid for, and all license/copyright/etc are in place, then I would hope this ends with AFF coming out on top.

Agree!

If the release allows for unlimited use then AFF should win this or the next thing you know, girls will sue adult sites saying they didn't know they would be on the splash page and thought they would be in the members only section... or other similar BS.

[brentbacardi]

Originally Posted by AdultEUhost

AFF should have bought (the rights to use the) content, just like every other paysite
This is more or less the same thing as somebody starting a paysite and filled the members area with stolen content

Not really? It said Danni.com owned the content and gave full permission for AFF to use it. If Danni.com owns the content with unlimited uses, they should be able to do whatever the fuck they want with it.

Originally Posted by CIVMATT

...the image of Vette it used for banners was shot by Vette for Danni.com & that it got the permission from Danni.com to use her picture...

[Sharky]

Originally Posted by AdultEUhost

AFF should have bought (the rights to use the) content, just like every other paysite
This is more or less the same thing as somebody starting a paysite and filled the members area with stolen content

I think I said the same thing in so many words. If they didn't have the license, then thats the problem. But the parent company shot the content, and I would assume owns the copyright and license to do whatever it pleases. It seems that is where her issue is, she admits to shooting the photos, but says the contract/release didn't allow for use outside of its original scope.

[Evil Chris]

Wasn't Marc Bell a principal at iBill as well?

[tony286]

Originally Posted by Sharky

I think I said the same thing in so many words. If they didn't have the license, then thats the problem. But the parent company shot the content, and I would assume owns the copyright and license to do whatever it pleases. It seems that is where her issue is, she admits to shooting the photos, but says the contract/release didn't allow for use outside of its original scope.

https://gfy.com/showthread.php?t=1058508

[JP-pornshooter]

Originally Posted by AdultEUhost

AFF should have bought (the rights to use the) content, just like every other paysite
This is more or less the same thing as somebody starting a paysite and filled the members area with stolen content

not exactly..
the content in question is owned fully by danni.com, but they are saying the release form must have some sort of language dealing with "endorsements".
i guess we need to re-write the release forms now.

[Jim_Gunn]

I can't believe that this is even an issue. Any well written model release should give the company any and all rights to the content in perpetuity for every medium that will ever be invented including licensing it to others and using the model's name and likeness for any reason whatsoever.

[mikesouth]

Its all going to come down to the release...I like vicky I despise AFF but if it had been my model release it wouldnt be an issue.

It will be interesting to see how this plays out.

[Jay-Rock]

I shot plenty of porn girls for AFF banners and gave them release forms for it. I even told the girls they would be on dating site banners and the girls had no problem shooting for cheap knowing that it would be used for dating sites.

This sounds like a publicity stunt to me and its a pretty good way to get your name out there as a model . If there is a model release there should be no issue as others have mentioned here. Im sure that Danni.com has a legit release form which protects the content owner. It not like they stole pics from her and posted them without the legal paperwork.

[Quentin]

Originally Posted by Jim_Gunn

I can't believe that this is even an issue. Any well written model release should give the company any and all rights to the content in perpetuity for every medium that will ever be invented including licensing it to others and using the model's name and likeness for any reason whatsoever.

Well, that's the issue; it sounds like the defendants' release (or the one signed by Vicky Vette, at any rate) isn't well written.

If it were clear that the model release conferred all the necessary rights in question to the defendants, then this case likely would have been dismissed already. That's what this ruling was after all; a denial by the court of a motion to dismiss entered by the defendants. Since the court allowed the case to proceed, it stands to reason that there's at least some question as to whether the language of the release at issue is sufficient.

It's hard to say without seeing the actual complaint that Vette filed, but with the talk of "endorsement," I'm guessing that this is a "right of publicity" claim. Anybody have a link to the complaint itself?

[96ukssob]

good for her

[V_RocKs]

How much is it worth?

[TisMe]

Not 100% on this but I don't think photographic rights convey endorsement rights without being specified.

You may own the picture, but you can't claim that the person pictured endorses a product without explicit permission to do so.

Not a lawyer but I remember reading about this.

[ninavain]

links pulled

[globofun]

Could someone use my picture for their banners........ I need some cash for a vacation!

[smutnut]

OMG! How can you go up against a sponsor? why aren't people shagging and ripping you a new asshole. I can't fucking believe your disrespect for the sponsors are Gods system. What is wrong with you? What is your major malfunction?

[AsianDivaGirlsWebDude]

Originally Posted by CIVMatt

http://lukeisback.com/?p=20168

ADULT SUPERSTAR VICKY VETTE SCORES LEGAL VICTORY IN BATTLE AGAINST PENTHOUSE?S ONLINE DATING GIANT ADULTFRIENDFINDER 
"I?m Not GROOVY232 in Your Neighborhood"! Says the Star

Adult Superstar & current XBIZ Webstar of the Year 2012 Vicky Vette (http://www.twitter.com/vickyvette & http://www.vickyathome.com) has just scored a significant legal win in her battle against online dating giant AdultFriendFinder & Danni.com (owned by Penthouse). Vette sued AdultFriendFinder (& Danni.com) arising out of claims AdultFriendFinder is stealing her likeness to use on thousands of worldwide banners and advertisements identifying her as ?Groovy232′ looking for a ?date?. Vette asserts that AdultFriendFinder is actively using pictures of a number of adult stars without their consent, knowledge or payment, to lure members of the general public into joining dating websites. On Thursday, March 29, 2012, a Court in Los Angeles completely denied a Motion by AdultFriendFinder & Danni.com to dismiss Vette?s case and is allowing the popular star?s claims to proceed to trial. AdultFriendFinder argued in a Motion filed with the Court that the image of Vette it used for banners was shot by Vette for Danni.com & that it got the permission from Danni.com to use her picture. Vette is one of the world?s best known adult stars. She is the #1 Followed Active adult star on twitter with over 286,000 followers. She is the #1 Followed Norwegian in the world as is in the top 1700 followed twitter users worldwide. Vette was recently nominated by AVN for Solo Girl Website of the Year 2012 was named by XBIZ as one of the Top 100 Newsmakers in adult in 2011.
Vicky Vette is quoted as saying: "I?m thrilled we won this significant ruling & that AdultFriendFinder can?t use model releases to get the case dismissed. I shot for Danni.com to be their Girl of the Month ? not to be used as bait in AdultFriendFinder. No, I?m NOT Groovy232?. and no?.. I am not in El Paso, Tucson, Santa Clarita or anywhere else seeking a casual fling in your neighborhood (*shock*). It is outrageous that AdultFriendFinder can think it it?s ok to use my image without even letting me know. I think it?s a scam on me & the general public. I am not sure where this ranks in the ?annals? of jurisprudence but I am happy with the result in Court. I know of at least three other girls in the business they are doing the exact same thing to, including Bibi Jones, Carmen Valentina & Gisele. I had nothing but respect for Danni and Penthouse (which owns AdultFriendFinder) so I am a bit stunned they would treat adult stars this way. They should pay girls if they are going to put them in advertising saying things like ?Gets Double Teamed?. You?d think someone would have called me saying ?hey, do you mind if we put you on thousands of worldwide websites saying you are looking for a ?date??? I can?t wait for my day in Court and thank the Judge for giving it to me."

Vette is represented by Beverly Hills attorney Michael Kernan, Esq. who added, "Lots of adult Companies think they can do anything they want with a model release, but they do not understand release language. Endorsement language is very specific, and it is not in most model releases. AdultFriendFinder argued it had model releases barring any claims, but the Court was not convinced anything covered the image in question. Anyone who may have seen Vette?s images in AdultFriendFinder advertising are also encouraged to contact my office at [email protected]."
The matter is anticipated to proceed to trial sometime this year. FriendFinder announced last week that its CEO Marc Bell was stepping down on the heels of a $10million loss for the 4th quarter of 2011. It has been trying to go public since May 2011. Vette comments "Maybe AdultFriendFinder and the companies that run it are trying to save a few bucks by not paying the models they use as the face of their websites. You?d think they would want to take care of girls they use to get them memberships."

Vicky Vette can be reached for comment at:
http://www.twitter.com/vickyvette&#8...w.vnagirls.com



Cliffs: AFF is using her as a profile making you think she's living next door to you. Claiming model releases don't extend that far. Pornstars starting to line up to sue all dating programs for faking their persona's

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