I am shocked by the unscrupulous use of moviestars images and names on the Web.

This matter has been raised by the AVN organisation I notice and I have come across another case which is being looked into.

I would be glad if anyone could kindly give me a contact e-mail address for the AVN people.

Please see at the end of this message the report of many well-known stars having their images "stolen" and misrepresented as being the faces of persons providing so-called "escort services".

I would have thought depending on local laws that this and similar kinds of activity must be deception and obtaining money by fraud (if monies and fees or parts of fees have to be paid up front) not to mention the wrongful use of the stars images.

I am not talking about a case of mistaken identity or an innocent error by staff picking up the wrong photo by some accidental mix-up, - this is out and out deception and grossly insulting to the stars concerned.

I have come across other cases where stars have their real name and photo shown supposedly providing services here in the UK and four or five other countries all at the same time (even though they are thousands of miles apart) and certainly in respect of the UK one, when the star has never even visited the town in her life, let alone offering services there! This seems to me, although I am not a lawyer, a form of malicious libel.

If there are lawyers looking in here, I would be glad of any comments.

Below is the article on this subject which may be of interest,... (excludes the photos as they do not reproduce in the message area)

Actresses Incensed At Website's Appropriation Of Their Images
By Mark Kernes

Sept. 13, 2002

LAS VEGAS — The images of a variety of adult performers are currently being used on a Las Vegas escort Website without the consent or prior knowledge of the performers shown there.

"These people have some balls, huh?"

That was adult actress Nicole Sheridan's reaction when she heard that by going to www.escortsinlasvegas.net and clicking the button marked "outcall," she could find photos of herself and more than two dozen other actresses, all sporting "pseudonyms" — Sheridan's was "Judy" — and all apparently available for a night on the town... or whatever else the term "escort" implies in 2002 America.

"Hi! I'm Judy!" reads the link from the Website's Sheridan button. "Call me for a crazy, good time tonight! You'll never forget the bright lights of Vegas once you've seen my dance routine! To your room in 20 minutes or less!"

"It pisses me off totally," Sheridan continued, "especially because, you know, I don't personally escort, but I don't have a problem with girls that do. And if someone were to see it and think, 'Oh, Nicole escorts,' big deal; I do porn, whatever; I don't care what they think. But the fact is, there are probably people calling there and thinking, 'I know her; that's Nicole Sheridan. She's probably using a different name for this,' and then they're calling and some other girl is showing up, so they're basically using my name and my image to make money and to rip off people that might actually be fans of mine or want to see me."

Kylie Ireland was apparently the first performer to find out about the site, after she received several e-mails to her Website address wondering if the busty redhead was now escorting... and if so, what did she charge?

"Hi! I'm Margaret!" announces the button with Ireland's face. "There is no replacement for my experience! I will dance for you totally nude in your hotel room in 20 minutes or less. Call me, you won't be sorry!"

The photos on "Margaret's" page were clearly shot on a porn set; in fact, in the bathroom in a house on Haskell Avenue in Sherman Oaks which was a very popular location in 2000.

Other buttons were even more obvious about what the service offers.

"Hi! I'm Rhonda!" says the button with buxom Charlie's face. "I've got the body if you've got the time! I can be in your room in 20 minutes or less and we can have the time of your life!! Call me now!"

Or what about Keri Windsor's photo, with, "Hi! I'm Stella! Very classy lady looking for gentlemen to share her night in Las Vegas. Call me if you are interested!"

The folks at Wicked Pictures were interested to find Stephanie Swift, as "Toni," saying, "Wild fantasies are my specialty. What can you dream up ... I can fulfill it anytime!! Call me and I will come to you!"

"Our contract stars are not associated with this site and do not provide escort services," was all Wicked publicist Daniel Metcalf would say on the subject, but rumor has it that the company's in-house legal staff is looking into the matter.

"I'm outraged!" stormed Digital Playground's Samantha Lewis upon finding Tera Patrick's photo, as "Trinity," on the site. "This is a complete misrepresentation of Tera, our contract star. It's fraud, and I'm contacting my attorney to have this taken care of. I'm hoping that other people will also go to the site to see if their pictures are there, since they don't even use the women's proper names, and if they are there, I hope they'll take legal action as well against these thieves."

Using a person's image without their permission for commercial purposes is against the law.

"Assuming for sake of argument that the porn girl in the picture is not in any way connected somehow to this [website]," opined attorney Allan Gelbard, "the individual women have civil causes of action against the company for commercial appropriation of likeness and defamation per se actions against the website, unfair business practices both under the state and federal law, and I'm sure that there's probably some criminal liability for unfair and deceptive trade practices as well."

"There may be some wire fraud issues involved," he continued. "I'm not really up on those types of criminal matters, but if you're using a means of interstate communication to defraud, you're probably violating various wire fraud and other state and federal statutes."

Former AVN Managing Editor Mark Logan, who contacted the owners of the site, was told that the company had bought the photos legally and had model releases from the women that had been executed at the time the photos were taken.

"Sorry, it doesn't work that way," retorted Gelbard. "They may have the rights to use the photographs. They don't have the right to use them in such a way that implies the endorsement of the individual in the photograph for its [the Website's] goods and services. That clearly violates California Code Sec. 3344, which the commercial appropriation of likeness statute."

While nearly all of the photos on the site looked familiar, more than two dozen actresses could be clearly identified — sometimes in more than one photo. Their names, with their site "alias", are as follows: Stephanie Swift/"Toni" (and possibly "CJ"), Jill Kelly/"Claire", Bridgette Kerkove/"Connie, Skylar Knight/"Alicia", Alexa Rae/"Ariel", Samantha Sterlyng/"Audrey", Wendy Devine/"Dionna" and "Cassandra", Mariah/"Eden", Cheyenne Silver/"Eliza", Rebecca Lord/"Grace", Nicole Sheridan/"Judy", Felecia/"Lili", Kylie Ireland/"Margaret", Keisha/"Maria", Chennin Blanc/"Lucy", Dayton/"Noelle", Charlie/"Paige" and "Rhonda", Violet Blue/"Pat", Raylene/"Ronni", Keri Windsor/"Stella", Inari Vachs/"Tara", Tina Tyler/"Tatiana", Silvia Saint/"Winni", Ava Vincent/"Yvonne", Jade Marcella/"Kira", Devinn Lane/"Marrisa" and Nikki Steele/"Maggie."

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Edited by - Bill on Feb 22 2003

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