Looks like we need to call the WAAAAHmbulance for "Kristen"

[Taverner]

http://www6.comcast.net/news/articles/general/2008/03/12/Spitzer.Call.Girl/

Call Girl Laments Use of Exotic Photos


By COLLEEN LONG, AP
2 hours ago

NEW YORK — The lawyer for the call girl linked to the downfall of Gov. Eliot Spitzer lashed out at the media on Friday for thrusting the 22-year-old woman into the "public glare" without her consent and publishing revealing photos.

Since her identity was disclosed, newspapers and Web sites have splashed photos of Ashley Alexandra Dupre in suggestive poses on front and inside pages. Dupre was known as "Kristen" in court documents accusing Spitzer of paying thousands for prostitutes' services.

Her attorney, Don D. Buchwald, said she did not consent to the use of her photos in this manner, and the usage may be a violation of federal copyright laws. He said the photos have appeared on commercial Web sites without her consent.

<SNIP>

Well maybe, just maybe, she shouldn't have posted them on MYSPACE for crying out loud!

[GreenPartyVoter]

1. Yep. MYSPACE is the downfall of many a person. They just don't think about how public it is.

[Oeditpus Rex]

2. Posting images to the internet doesn't automatically give them 'fair use' status

The laws on this are rather convoluted, regarding who may use what images for what purposes, et cetera, et cetera, et cetera. But, basically, snagging an image from a web site and reproducing it for financial gain (i.e. newspaper sales) may fall outside copyright laws, or at least in a legal area that's pretty gray.

She may well have a case — or, several of them.

[Taverner]

3. Myspace's terms and conditions state that all they need is Myspace's permission

The newspaper in question is the New York Post - they released all the photos to the newspapers.

And the NY Post, like Myspace, is a Murdoch company.

[Rabrrrrrr]

4. Bu Myspace does not own the copyrights to those photos - I think she DOES have a case,

and I hope she wins, assuming the photos were indeed hers and under her copyright jurisdiction.

[Taverner]

5. Well I do hope they take a chunk out of Murdoch

I always love seeing that

But unless the photos were marked private (they weren't) she doesn't have much of a case.

[Oeditpus Rex]

6. Attorneys should challenge that MySpace policy, then

I don't think a web site that serves as a host for its clients — who are entitled to a degree of privacy that they deem reasonable — should be allowed to claim rights of ownership over images hosted on it.

If I owned an apartment complex, could I also claim ownership of the furniture inside the apartments?

I hope this leads to a landmark court decision regarding individual privacy.

[Taverner]

7. Privacy is a very grey area

First it will have to be determined whether she is a public or private person. Chances are, she will be able to establish herself as a private person. If not, there is no chance she could win.

Then, is this a case of libel or slander? Nothing the newspapers said was untrue - she was a prostitute and she even admitted she was the one on her page (that will come back to haunt her, and might even get her established as a 'public' person. Especially with the recordings of music on her site)

I forget if its libel or slander where it can be true, and the court would rule in their favor anyway. It's been a long time since I took Media Law.

[Kutjara]

11. That's a very important observation.

Murdoch not only owns the Post, but also Fox TV, BSkyB (the UK satellite tv system), StarTV (the pan-Asian satellite network), the Times of London, the Sun, the News of the World, and a slew of papers and tv networks in the UK, Europe, Asia, and Australasia. Anything you put up on MySpace is fair game for global distribution on some of the most widely watched or read media outlets in the world.

[Orsino]

8. It'll be very hard to prosecute any legitimate news agencies...

...who post a photo or two along with some sort of journalistic effort. That's fair use, or so close that it'll take decades for a court to find otherwise.

And the little web sites' Kristen galleries won't be worth going after.

[malta blue]

9. Okay - the HOOKER is mad that her picture in a

bikini is on the news. SHE IS A HOOKER :banghead::banghead:






:hide:

[Blue_Tires]

12. lol....i'd call it advertising

[Cabcere]

10. Oh, at first I thought this was about the Freeper dude.

Different spelling, though, right? :shrug: :hi:

[SoxFan]

13. heh heh..."thrusting"...heh heh

[Yavin4]

14. She Has Howard Stern's Attorney, Don D. Buchwald!

Her attorney, Don D. Buchwald, said she did not consent to the use of her photos in this manner, and the usage may be a violation of federal copyright laws. He said the photos have appeared on commercial Web sites without her consent.

Don Buchwald's website:

http://www.buchwald.com/v2/press_news/press_release/2004/stern_sirius.asp