Summary
The post discusses a lawsuit where five US models sued for unauthorized use of their photographs and persona on escort and pornographic websites. It highlights that such misuse is common in India, with models’ images often being used without their consent for endorsing unwanted products. The article examines the challenges posed by contracts that transfer all rights in photographs, especially when models later attain celebrity status. It explains that while copyright transfer allows certain uses, it does not automatically permit endorsement or promotional uses. The boundaries of permissible use must be evaluated case by case, considering the nature of the agreement and legal principles in entertainment law.
Five US models filed suit against FashionGlama.com and two individuals for the use of their photographs — referred to in the proceedings as “use of persona” — in connection with escort services and on pornographic websites. The models had allegedly signed six-month contracts for modelling services and were reported to have been distressed upon finding their photographs on unwelcome websites. The suit alleges fraud, misrepresentation, unauthorised use of photographs, breach of reputation, and intentional infliction of emotional distress.
Indian Legal Context
Though rarely pursued, such issues arise in the Indian context as well. Photographs and personas of models are at times posted on obscene websites or used to endorse unwelcome products without authorisation. The IT Act and Copyright Law provide certain remedies for such use; however, the existence of a valid contract transferring rights and permitting unlimited uses raises specific challenges.
Copyright Transfer and Its Limits
Where an aspiring model signs a contract transferring all rights in her photographs to a portfolio or talent management website, the question arises whether she can, on attaining celebrity status, prevent further use of those photographs. Such contracts frequently include clauses permitting use of the photographs in any manner, for any purpose. Courts have held, however, that transfer of copyright in a photograph does not permit the transferee to use the photograph for endorsement purposes.
In practical terms, if rights in a photograph are transferred, a website may sell the photograph but cannot permit its use in a company’s brochure or for endorsing a product or service. The precise limits of such use must be determined on a case-by-case basis, having regard to the nature of the use. As with several aspects of entertainment law, the position is not straightforward.
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.