Ched wrote:
Ok, time to call a lawyer who enjoys raw meat.

That doesn't narrow it down...

House of Indulgence wrote:
I say have your lawyer send a Cease and Desist order. Then see if you can have an injunction to halt ant post production work on the film and related properties untill the mater is sorted out. This way you can control his actions and the films progress. NAIL HIM TO THE WALL!

Do you think that may or may not have future repercussions to the young lady's modeling & acting career?  I am really asking -- I don't know.

My personal philosophy is that when you get lawyers involved in a dispute, it'll automatically get nasty.  Thus, lawyers are a last resort.  My advice is to try once more to have a direct, specific, and constructive conversation with the parties involved, clearly outlining the consequences of their continued use of the, umm, materials.  Be clear that you will not be satisfied until the, umm, devices are either handed over to you or destroyed.

Legend wrote:
Hey there how are you .. I'm a personal trainer in NYC ... I have been training for 6 years.. and I'm looking for private clients hit me up if you know anyone that is intersted in my services ... i train alot of models and get to where they need to be ... and really cheap too...

Hi, there. I'm a spammer.  I post irrelevent ads! If I keep doing it, I'll probably be banned!

Legend wrote:
Hey there how are you .. I'm a personal trainer in NYC ... I have been training for 6 years.. and I'm looking for private clients hit me up if you know anyone that is intersted in my services ... i train alot of models and get to where they need to be ... and really cheap too...

HiJakking other people's threads for irrelevant and shameless self promotion isn't very nice

Legend wrote:
Hey there how are you .. I'm a personal trainer in NYC ... I have been training for 6 years.. and I'm looking for private clients hit me up if you know anyone that is intersted in my services ... i train alot of models and get to where they need to be ... and really cheap too...

This was kind of corny and out of place.. but maybe it's just because I'm a fat photographer...

theda wrote:

Hi, there. I'm a spammer.  I post irrelevent ads! If I keep doing it, I'll probably be banned!

LMAO! Hopefully he put this in the incorrect forum by mistake.

Back to topic. Looks like he is stiil selling them on the film site.

House of Indulgence wrote:
I say have your lawyer send a Cease and Desist order. Then see if you can have an injunction to halt ant post production work on the film and related properties untill the mater is sorted out. This way you can control his actions and the films progress. NAIL HIM TO THE WALL!

make sure you print out the section to have evidence form ebay in color
and you may even want to purchase a unit your self more evidence.

StMarc wrote:
While I am a licensed attorney, I may or may not be licensed to practice in your jurisdiction, and this is not legal advice.

In Illinois, you'd probably have no case.

From 765 ILCS 1075/5, "Right of Publicity Act:"

"Identity" means any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener, including but not limited to (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice.

Now, if your *face* were part of the mold, to the point where you could be identified by an ordinary, reasonable viewer, you'd be all set. But unless your breasts are REALLY distinctive, there's no way that an ordinary, reasonable viewer could tell that the art was your likeness, so your right of publicity is not being infringed. The mold was made with your consent, it's now ordinary personal property, the producer owns it, and he can do what he likes with it. You do not have a copyright or other Federally protectable right in the shape of your breasts. I do not see any way to legally prevent this action in my example state.

However, state laws vary widely. The relevant law for the state of New York appears to be N.Y. Civil Rights Law §§ 50, 51, which looks just about as unhelpful. Please consult an experienced attorney in your jurisdiction.

M

I think given that the breast mold is being marketed along with a picture of her face and identified as her breasts, the right of publicity would still apply.  However,she still needs a NY attorney  to go over the contract.

Rogue wrote:
I have the FX artist that made the mold as well as cast and crew that know that it is me. He has also posted a nude picture of me as well as my full name on Ebay claiming they are mine.

Oho!

Now we may be onto something. Unless your contract with him gives him that right - and it may very well do so, so don't get too excited - he is now using your likeness for *commercial and promotional purposes.* Unless he's got a contractual relationship with you authorizing him to do that, you can nail him to the barn door.

Get screen shots of everything he does, write down all the auction numbers, etc.

(Again, may or may not be licensed, not legal advice, consult a licensed attorney in your jurisdiction.)

M

Rogue wrote:
I was a lead actress in the film. I drafted a letter to him re-stating our phone conversation and how he agreed to stop selling them and take them down. Asked for him to sign and return via fax to me. He basically emailed me and said " I can do what I want and you agreed not to take legal action" the contract states legal action regarding my performance. My breasts have nothing to do w/ my performance. And I can't beleive that this slime ball would have the right to run off copies of my breasts from now to eternity! I also know that he does not at this time have any molds in his possesion as none have been made. He is falsly selling an item that does not exsist yet.

Detroit sells cars that don't "exist" yet either. But your model/actor release will probably cover him to do this. Plus what the lawyer above said, the mold (or resulting product) does not identify you and there is no case. After your talk with him, he probably did talk to his lawyer who asked the relevant questions and he said, "tough titties, I have the right to sell it". (but heavily intended) By the way, I did an Ebay search but only found one item as a possible match but it did not have any personal name or photo on the auction.

theda wrote:
I think given that the breast mold is being marketed along with a picture of her face and identified as her breasts, the right of publicity would still apply.  However,she still needs a NY attorney  to go over the contract.

She hadn't said that bit when I wrote my original answer. And it's not "still:" it's "now." Using her face is the offense: what he's using it to sell is still, most likely, legit and doesn't infringe her right of publicity.

And yes, she does, most definitely, need a NY attorney to read the contract. Assuming the contract doesn't have a CoL provision for some OTHER jurisdiction, or wasn't signed in some other jurisdiction, etc., etc.

M

Rogue wrote:
Hi All,
So here is my dilema... I finished a film recently where they had to cast a mold of my breasts for a special effect in the film. The producer is now trying to mass produce my breasts for sale as erotic wall art on Ebay. I told him I did not give my permission for this and it is not stated in my contract that his intent was to market, merchandise and mass produce my breasts for re-sale. I called him and told him i did not give my permission to this at all... and his intent was never stated in the contract. He agreed to take it down and cease selling them. Behind my back he contacted the FX artist and told him to continue pouring molds... what do y'all think??

Any info is greatly appreciated.

Does this not boil down to someone making some money from the cast of your breasts, and you not getting any of the funds, that you think you so deserve?

My thoughts are to work out a business deal with the guy selling the wall art. Lawyers are expensive, and most of the time you will not get much more that the arrorneys fees, or the profits from the sales.

If you were my daughter, I would advise her to work out a deal with the other parties.

Rogue wrote:
http://cgi.ebay.ca/Nessie-Breast-Casting-from-Psychotic-Dead_W0QQitemZ7575029221QQcategoryZ60360QQcmdZViewItem

This is the link to what he has posted on Ebay

When I went to the link, I found that the seller is no longer registered to sell on ebay.

Rogue wrote:
Also to clarify... he keeps ending the sales and then opening them again to try to get new bids on the items. He told me he has done this several times already. So even though it says its a closed auction. He will put it up again and start all over.

It appears that eBay is onto him: his account shows as "Not a registered user." The actions you allege he claims to have done, assuming they actually occurred, are in violation of eBay's TOS.

The auction you link to shows as having been won, however. That means he's legally obliged to provide the goods once they're paid for.

M

nathan combs wrote:
i have a ?? dus this fall under move memorabilia ie.... costumes worn by people in star wars example the prosthetics of the guy that played Chuee ect... just wondering

It would i think if it was the original, and not copies they are making of it.  Like One of marylin's dresses or something, it's the actual dress thats mem, not a copy of it, thats a replica.

so it's kind of like taking a still from the movie and putting it on coffe mugs to make money/market.

...Stacy wrote:
wait, it say's they are selling the original mold, but you said they are making copies, (FX is to continue to recast.) Mass market, one of a kind false avdertising.  That's fcked up!  (well, less fcked up than selling them at all of course, but...  I't odd, the things that occur to me....)  never mind.

That's not what it says.

This item is cast from the original mold used in the film. It is the only mold made.

The mold is the negative impression formed by covering her body with some sort of material: the casting is the positive impression made by filling the mold with some other sort of material. While it's very misleading, if read and parsed logically it says, "We only made one mold: we made the casting you're bidding on from it." It doesn't say they won't make more castings or that you're buying the mold.

M