Model’s suit: You used the video you took of me

A 37-year-old Jane Doe (who claims to be the host of a national cable tv program) agreed to be videoed rolling around in a bed “looking excited” for $200 in November, and was disturbed to see the results on a YouTube advertising campaign with obviously dubbed orgasmic moans. The punchline in the ad (probably NSFW if your volume is on): “Jewelry works every time.” Or, as my feminist girlfriend grouses every time she sees a tv jewelry ad with far subtler implications, “Your wife is a whore who will only put out for shiny objects.” Cf. also this YouTube copyright violation from Family Guy (NSFW), soon to be taken down by Fox.

Through her attorney, Kevin Mulhearn, she’s sued Szul Jewelers for $5 million. Mulhearn claims there’s no release, which while implausible, may be true. If so, she has a point, though the ad damnum claim is ludicrous: and far more people are going to watch the supposedly image-damaging video now that Mulhearn has gone to the press. And, of course, she didn’t have to roll around on the bed in the first place. (One hopes that I’m not aiding and abetting a publicity stunt for the jeweler.) [Daily News; AP/New York Times]


  • I wouldn’t be surprised if the model’s attorney was somehow responsible for the video being further promoted on YouTube. And he certainly wanted it to get as much press coverage as possible. The more publicity it receives, the more “damage” to the model, and the larger the award the model receives, and thus, the attorney.

  • Hey, kids–can you say, “failure to mitigate damages?”

    I knew you could!