According to TMZ, a sex tape starring The Bachelor’s most controversial contestant, Rozlyn Papa, has surfaced on the web, but no lawsuit seems to be surfacing in court.
Any claims involved in any sex tape lawsuit typically are based on theories of copyright, publicity, and privacy. The outcome of the case would depend on several factors including: (1) who owns the footage; (2) how the footage was obtained; and (3) the steps taken to keep the video private.
So, either Papa has analyzed the law and believes she can’t win or, perhaps, she thinks a sex tape will help her career. The latter, of course, (sadly) happens to be a proven theory.
Click here to watch Popsquire discuss celebrity nude pics and sex tapes on CNN.com.
Hollywood celebrities aren’t the only ones with sex tapes these days. The difference, however, is that celebrities often have benefited from the release of the tapes and don’t always fight to prevent distribution, whereas John Edwards has absolutely nothing to gain.
Eric Dane and Rebecca Gayheart are going mc-legal on Gawker.com.
[Bauer Griffin Online]
In a lawsuit filed in LA Superior Court, Dane and Gayheart seek $1 million in damages against the website for posting nearly 4 minutes of the couple’s infamous 12-minute threesome video featuring nude play among them and former pageant winner, Kari Ann Peniche.
So, can they win? Possibly. The claims involved in any sex tape lawsuit typically are based on theories of copyright, publicity, and privacy.
The outcome of the case will depend on several factors including: (1) who owns the footage; (2) how the footage was obtained; and (3) the steps taken by the couple to keep the video private.
Of course, the best way to win this case would have been to either not create the tape at all or erase the footage!
Click here to watch Popsquire discuss celebrity nude pics and sex tapes on CNN.com.
Eric Dane and Rebecca Gayheart are smiling in this picture, but their lawyer says they’re not smiling in real life.
[Bauer Griffin Online]
The internets went wild today with news that the famous couple is starring in their own celebrity (threesome!) sex tape. Almost immediately, they retained the help of Marty Singer — an infamous entertainment litigator — to sue anyone who publishes the video.
So, can they win? Possibly. The claims involved in any sex tape lawsuit typically are based on theories of copyright, publicity, and privacy.
The outcome of the case will depend on several factors including: (1) who owns the footage; (2) how the footage was obtained; and (3) the steps taken by the couple to keep the video private.
Of course, the best way to win this case would have been to either not create the tape at all or erase the footage! Click here to watch Popsquire discuss celebrity nude pics and sex tapes on CNN.com.
Britney Spears’ new single, Womanizer, doesn’t name any names, so it’s time to examine circumstantial evidence…
Adnan Ghalib, Britney’s ex, confirms that he has a two-hour X-rated video featuring Britneynaked and wearing only a pink wig during a January trip to Mexico. He also says he will sell the sex tape featuring himself and the pop princess if the price is right.
Popsquire’s perspective…
To the extent the sex tape actually exists, Britney can prevent its release by seeking a court injunction. If she didn’t consent either to the filming or to its distribution, then Adnan likely does not have the rights to distribute the tape. In addition, given Britney’s potential state of mind at the time (remember the 5150 holds?), Adnan may have a hard time proving she provided consent!
UPDATE, Oct. 1: Adnan tells Star Magazine that there is no sex tape.
A federal court judge in Los Angeles is allowing TMZ to re-post snippets of Mini Me’s sex tape, after the court previously ordered the footage to be taken down.
This decision comes after the woman in the sex tape told the court: (1) the video was created with her camera; and (2) she gave TMZ permission to broadcast snippets of the tape.
The judge still barred TMZ’s co-defendant, Kevin Blatt, who previously distributed “One Night in Paris,” from distributing or taking orders for the 50-minute sex tape.
Verne Troyer (aka “Mini-Me”) is suing TMZ for $20 million, alleging: (1) copyright infringement; (2) violation of privacy; (3) trademark infringement; (4) violation of right to publicity; and (5) misappropriation of name and likeness.
In short, Verne claims that TMZ violated his rights by publishing and airing portions of his sex tape. Verne claims the tape was stolen and ended up in the hands of Kevin Blatt, who previously distributed “One Night in Paris” and now is a co-defendant alongside TMZ. Click here to read the complaint.
Popsquire’s perspective…
Although sex tapes pop up frequently in Hollywood and don’t result in litigation, a stolen sex tape can present serious legal problems. If the tape is not yours, then it may be stolen. If it is stolen, then you don’t own the copyright and cannot expect to publish it without possible ramifications.
However, if you publish a newsworthy snippet, as did TMZ, then the “fair use” doctrine may provide a decent defense to some of the claims.
Although Popsquire is siding with TMZ on this one, you won’t find a link to the sex tape on this blog. It’s just not Popsquire’s thing! Is it yours?
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Posted by russell wetanson
