Life is tough for a model. They have to wear beautiful designer clothes, get their hair and makeup done by the best in the business, and travel all around the world. Oh yeah, and their pictures is seen by millions of people everywhere. Normally, female models want men to like (even lust) after the pictures they take.
None of this holds true for former
Krupnik who is suing the producers of the popular movie Couples Retreat
for using a sexy photo of her for a scene in the movie. Now working as a makeup artist, Krupnik feels
that the use of her photo in the movie is damaging to her reputation and
current career. In all fairness to
Krupnik, her picture was used as “inspiration” for a masturbation scene by one
of the movies main characters.
The $10 million suit alleges that NBC Universal and Universal Pictures soiled her wholesome image and violated her privacy with the “tawdry and shocking use of her photograph.” She further claims that she had no idea her picture (that she had released for commercial use through stock photo agencies) would be used as an x-rated prop for unattractive males.
There are two legal issues at odds with
each other here: a defamation claim and a contractual release. Her defamation
claim is based on the argument that the use of her image creates a false
impression and injures her reputation.
The defense in this case seems to be
much stronger- she released her image to be used for any and all commercial
purposes which includes using it in a movie.
Although the use may not have been contemplated, I am going to go out on
a limb here and say that most models would love the opportunity to have their
image used in such a major motion picture.
In my opinion, I just don’t see the strength in her case, considering
the fact that she released it for commercial use. Failure to read the fine
print will not be an excuse in this case!
By: Violet Petran