My question involves business law in the state of: Arizona
Good day all. I have a rather unique question for us to ponder that has come to my interest via a friend of a friend of a friend. Although this subject is somewhat off beat, please lets try to focus on the legal aspects and go easy on the nature of topic. The situation I am tasked to research *theoretically* involves a female that is a resident of Arizona and around years 2004-2005 became a " model/talent " for a fairly new pornographic film directing LLC at that time. Said female remained in this " industry " until somewhere around about 2010-2011 to remain vague. At the time of the initial procurement of her services the director had her read and sign a model release, which of course gave the director use of her image with an infinite time span, and a contract stating the use of her performances to be compensated to her in the form of a monthly payment chronological with a set number of filmed performances per month. The performances depicted multiple male talent performing acts with her at the same time, female on female acts, sodomy, and interracial scenes with the female degrading the male talent with racial slurs. ( Please note there is a reason for the graphic description ). As usual the years pass and the female leaves the industry, and chooses a completely different lifestyle. Her past endeavor of course becomes a burden and she finds herself constantly reminded in her search for progression in her new job field, as there is still an active website with her performances as a model/talent.
We are probably all thinking well that's what she gets, or she should have thought about that, but lets delve into some legal possibilities of having the website removed by the director in a legal fashion. The one theory that comes to mind is that Arizona is a staunch anti-prostitution state as stated by the Maricopa County Attorney in 2013. He classifies pornography as prostitution more or less as noted in the press release I'll include below. If this is the case in Arizona would the contract and release possibly have grounds to be nullified based on the Legal Object disqualification? The state sees " hardcore " pornography as obscene and out of the realm of " artistic expression ", this is the reason for the graphic description in the above paragraph. In other words if the State of Arizona sees these acts as illegal that would in turn make the contract and release a non legal agreement rendering the both null and void. That is one theory, the other thought would be if the female complained to the production company that she was not of sound mind when she signed the release and contract and the result of her actions are causing her unrelenting depression and inability to live a productive life, and to please cease and desist using her image. I doubt this would go very far, but I wanted to put it up for discussion, as to the best legal route for her to pursue in order to have her image removed from the website, all the while NOT implicating herself in any criminal offenses if that were even an issue to begin with.
Thank you for all input on this subject. I understand this is of a different nature, but it does pose some legal issues worth addressing.
Press Release from Maricopa County, AZ Atty:
http://ift.tt/1NonF6N
Good day all. I have a rather unique question for us to ponder that has come to my interest via a friend of a friend of a friend. Although this subject is somewhat off beat, please lets try to focus on the legal aspects and go easy on the nature of topic. The situation I am tasked to research *theoretically* involves a female that is a resident of Arizona and around years 2004-2005 became a " model/talent " for a fairly new pornographic film directing LLC at that time. Said female remained in this " industry " until somewhere around about 2010-2011 to remain vague. At the time of the initial procurement of her services the director had her read and sign a model release, which of course gave the director use of her image with an infinite time span, and a contract stating the use of her performances to be compensated to her in the form of a monthly payment chronological with a set number of filmed performances per month. The performances depicted multiple male talent performing acts with her at the same time, female on female acts, sodomy, and interracial scenes with the female degrading the male talent with racial slurs. ( Please note there is a reason for the graphic description ). As usual the years pass and the female leaves the industry, and chooses a completely different lifestyle. Her past endeavor of course becomes a burden and she finds herself constantly reminded in her search for progression in her new job field, as there is still an active website with her performances as a model/talent.
We are probably all thinking well that's what she gets, or she should have thought about that, but lets delve into some legal possibilities of having the website removed by the director in a legal fashion. The one theory that comes to mind is that Arizona is a staunch anti-prostitution state as stated by the Maricopa County Attorney in 2013. He classifies pornography as prostitution more or less as noted in the press release I'll include below. If this is the case in Arizona would the contract and release possibly have grounds to be nullified based on the Legal Object disqualification? The state sees " hardcore " pornography as obscene and out of the realm of " artistic expression ", this is the reason for the graphic description in the above paragraph. In other words if the State of Arizona sees these acts as illegal that would in turn make the contract and release a non legal agreement rendering the both null and void. That is one theory, the other thought would be if the female complained to the production company that she was not of sound mind when she signed the release and contract and the result of her actions are causing her unrelenting depression and inability to live a productive life, and to please cease and desist using her image. I doubt this would go very far, but I wanted to put it up for discussion, as to the best legal route for her to pursue in order to have her image removed from the website, all the while NOT implicating herself in any criminal offenses if that were even an issue to begin with.
Thank you for all input on this subject. I understand this is of a different nature, but it does pose some legal issues worth addressing.
Press Release from Maricopa County, AZ Atty:
http://ift.tt/1NonF6N
Licensing: Can You Revoke a Model Release for Pornographic Images
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