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Do Pets Have a Right of Publicity in California?

September 16, 2022/in Intellectual Property /by taulersmith

Is there a right of publicity for animals? More specifically, do pets have a right of publicity in California? These may seem like silly questions at first glance, but the answers could be very important if you have a pet with a social media presence. These days, it is not uncommon for people to create social media accounts on Instagram, Facebook, Twitter, or Pinterest where they post daily photos of their pets. These accounts can be incredibly popular and often gain hundreds or even thousands of followers. Depending on the circumstances, it may be possible to monetize the accounts through online advertisements, merchandising agreements, and/or licensing deals. This is where the right of publicity would theoretically apply to the pet whose photographs, videos, and other images are posted on the internet.

To learn whether you can file a California right of publicity claim for misappropriation of your pet’s image, keep reading this blog.

California Right of Publicity Claims for Pets

There has yet to be an instance of a California court ruling that pets have a right of publicity under the law. This could leave you exposed to misappropriation of your pet’s identity by others who wish to take your photos and use them for their own commercial purposes.

The good news is that there are still ways to protect your rights in these situations. For example, you may be able to obtain copyright protection for photographs of your pet. Additionally, you may consider trademarking your pet’s name if that name is unique. (E.g., Davey the Dog.) With copyright or trademark protection, you would potentially have the option to file a lawsuit for intellectual property infringement if anyone ever used your pet’s image without authorization.

Statutory Protections for an Individual’s Right of Publicity in California

Of course, California’s right of publicity law does apply to humans. Statutory protections for the right of publicity are set forth in the Celebrities Rights Act, which can be found in California Civil Code Section 3344. The law protects individuals against the infringement of their publicity rights, which means that no one can use another person’s identity for commercial purposes unless the IP holder consents to it.

The statute explicitly protects five (5) aspects of your identity against unlawful commercial exploitation:

Name
Photograph or Image
Likeness
Voice
Signature

An experienced right of publicity lawyer can make sure that your image, name, and voice are protected against unlawful use by others. This is extremely important because these aspects of your identity may have significant monetary value. When someone takes your likeness without permission, they are also taking away your ability to receive recognition and compensation that you are entitled to. Worse yet, if someone uses your likeness in the wrong context (e.g., an advertisement for a product or service with a bad public image), it could adversely affect your ability to earn money in the future.

Common Law Right of Publicity Claims

California recognizes both a statutory right of publicity and a common law right of publicity. This means that plaintiffs have options when deciding to file a lawsuit for right of publicity misappropriation.

California’s statutory protections for the right of publicity are limited to a person’s name, signature, voice, photograph, and likeness. This means that when a plaintiff wants to bring a right of publicity lawsuit for misappropriation of some other aspect of their identity, they will need to do so through a common law right of publicity claim. The good news for plaintiffs is that courts in these cases often use a broad definition of the right of publicity so that it includes things that go well beyond a literal photo of the plaintiff. For example, courts have found that the use of a voice that is meant to imitate a celebrity’s voice may constitute an unlawful misappropriation.

California’s Publicity Rights Law Protects Both Celebrities & Non-Celebrities

Although the right of publicity was once thought to be limited to celebrities and their heirs, this has changed in recent years as social media and reality television have exploded to give many more people an interest in their public image. These days, anyone with a Twitter or Instagram account may be considered a “social media influencer” who is able to monetize their persona and generate substantial income through online advertising. This makes it important for these individuals to protect their right of publicity when someone misappropriates it. The good news is that California’s right of publicity law has strong protections for both celebrities and non-celebrities.

Free Consultation with Los Angeles Right of Publicity Lawyers

If someone has used a photo of your dog, cat, or other pet without permission, they may have violated your legal rights. The same is true if someone has used your likeness in an advertisement without first obtaining your consent. Your next step should be to speak with a Los Angeles right of publicity attorney. The lawyers at Tauler Smith LLP understand this area of the law because we regularly represent clients in both state and federal courts on matters involving intellectual property.

Call our legal team today at 310-590-3927 or email us to schedule a consultation.

Damages Available in Right of Publicity Claims

September 14, 2022/in Intellectual Property /by taulersmith

You may have worked very hard on your public image, especially if you use that image to generate revenues through a brand or persona that you publicize online. When someone takes your carefully cultivated image without permission, they are stealing your hard work to make money for themselves. Moreover, their actions could be causing significant harm to your image by associating it with a product or service that you do not want to be associated with. The good news is that California law provides you with legal options in these situations, and there are powerful remedies and substantial damages available in right of publicity cases. Additionally, when the plaintiff is successful at trial, the court may also order the defendant to pay attorney’s fees and legal expenses for both sides.

To learn about your options for pursuing damages with a California right of publicity claim, keep reading this blog.

Statutory Damages Available to Plaintiffs in California Right of Publicity Cases

The right of publicity is explicitly protected by the Celebrities Rights Act, and damages for right of publicity violations are set forth in California Civil Code Sec. 3344(a). The law states that any person who misappropriates someone else’s right of publicity “shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages.” The statute also allows for the awarding of punitive or exemplary damages to the party whose right of publicity was violated when the defendant engaged in oppression, fraud, or malice.

The statutory damages in a right of publicity claim can add up very quickly because the plaintiff can sue for each unlawful use of their likeness or persona. Another very important factor when determining damages in a right of publicity case is the total amount of money that the defendant earned or profited from use of the plaintiff’s likeness.

Determining Actual Damages in a California Right of Publicity Claim

It is not always easy to establish an exact amount for actual damages in a right of publicity claim because the value of a person’s name or likeness isn’t obviously quantifiable. This is one way in which right of publicity differs from other intellectual property rights like copyright, trademark, or patent, which commonly involve commercial products or services and reportable revenues.

Some factors that the court may consider when determining damages in a right of publicity lawsuit include the following:

The plaintiff’s level of fame.
How much money the plaintiff has earned from their likeness in the past.
Previous contracts and licenses that include royalties.
Whether the plaintiff’s publicity rights have already been licensed. (Unlicensed rights might have more value.)
How much money the defendant made from their use of the plaintiff’s likeness.

Punitive Damages in Right of Publicity Cases

The punitive damages question comes after the court has already decided that the defendant misappropriated the plaintiff’s publicity rights. At this point in the case, the court is now left to determine exactly how much money to award the plaintiff. The key issue for the court is whether the defendant committed malice, oppression, or fraud. California law defines these terms as follows:

Malice: There are two (2) ways that a defendant can be found to have acted with malice. The first definition of “malice” is any conduct which the defendant intended to cause injury to the plaintiff. The second definition is any despicable conduct which the defendant engaged in with conscious disregard of the rights or safety of other people.
Oppression: The statute defines “oppression” as despicable conduct that consciously disregards another person’s rights and that causes cruel and unjust hardship for that person.
Fraud: An individual commits fraud when they use an intentional misrepresentation, deceit, or concealment of a material fact for the purpose of depriving someone else of property or legal rights, or for the purpose of causing injury.

The basis for punitive damages awards in publicity law cases actually comes from another statute: California Civil Code 3294. That law stipulates that in any case not involving a contract breach, the plaintiff may be eligible for punitive damages in addition to actual damages. Cal. Civ. Code 3294(a) states that when the defendant has been guilty of oppression, fraud, or malice, the plaintiff “may recover damages for the sake of example and by way of punishing the defendant.” The idea behind punitive damages is that the defendant’s conduct has been so egregious that they deserve to be punished in some way that goes beyond the actual injury or harm caused. Moreover, punitive damages awards have a deterrent effect in that they serve as a reminder to other people that they should not violate the law in the future.

Exception to Punitive Damages

There are strong defenses that can be raised in right of publicity cases, including an exception for punitive damages that may be available to some employers. That’s because Cal. Civ. Code Sec. 3294(b) stipulates that when a right of publicity misappropriation was committed by an employee of the defendant, the defendant-employer will not be liable unless the plaintiff can show that the employer had certain advance knowledge. For instance, the plaintiff must prove to the satisfaction of the court that the employer knew that the employee who would later go on to violate the plaintiff’s right of publicity was, in fact, unfit for the position. For corporate employers, the plaintiff must show that the advance knowledge was possessed by an officer, director, or managing agent of the corporation. Additionally, an employer can still be liable for punitive damages if they were personally guilty of oppression, fraud, or malice, as those terms are defined in the statute.

Other Remedies Available in Right of Publicity Claims

Plaintiffs with possible right of publicity claims may also be able to pursue remedies through different statutes. California Civil Code Section 3344(g) explicitly states that these remedies are cumulative “and shall be in addition to any others provided for by law.” This opens the door for plaintiffs to bring other civil suits in addition to the right of publicity lawsuit.

Additionally, one important consideration for plaintiffs in a right of publicity case is whether the defendant has insurance coverage. That’s because a lot of publicity rights claims involve defendants with insurance companies that will ultimately pay out any settlement or damages award issued by the court.

Contact the Los Angeles Right of Publicity Attorneys at Tauler Smith LLP

Your identity could have significant monetary value in the internet era, especially if you are an influencer on social media platforms like Instagram, Facebook, Twitter, Pinterest, YouTube, or Vimeo. You never know when your image or likeness might be sought for online advertisements. If someone has used your identity without permission, the experienced Los Angeles right of publicity lawyers at Tauler Smith LLP can help you take legal action.

Call 310-590-3927 or email us to schedule a free consultation.

OnlyFans Models Sue Unruly Agency for Exploitation

March 17, 2022/in Social Media Litigation /by taulersmith

Two more OnlyFans models are suing Unruly Agency for exploitation. On the heels of Tauler Smith LLP lawsuits against Unruly Agency on behalf of exploited social media influencers, two more OnlyFans models have come forward with their own allegations of wildly improper and abusive conduct by Unruly. The models said that the big-name marketing agency has engaged in exploitative conduct that included pressuring them to pose for sexually explicit photos, posting nude images on their OnlyFans accounts without permission, and issuing threats when they attempted to exit their contracts.

To learn more about the shocking new allegations against Unruly Agency for exploiting influencers, keep reading.

Rolling Stone: Fitness Model Sarah Stage Sues Unruly Agency for Sexual Exploitation & Threats

Unruly Agency is one of the largest and most well-known agencies for social media influencers. The agency, which was founded by Tara “Elektra” Niknejad and Nicky Gathrite, represents clients that include Tana Mongeau and Harry Jowsey. With the recent surge in popularity for the OnlyFans platform, Unruly has become one of the go-to agencies for mainstream celebrities looking to break into what was once a taboo subscription-based model.

Sadly, many of Unruly’s clients have found that the agency’s behavior can be unsavory, manipulative, and illegal. A recent Rolling Stone article details how Sarah Stage and Jessica Quezada are the latest models to take legal action against Unruly and its affiliate agency Behave. Sarah Stage, a fitness model with a massive following on Instagram, has accused Unruly of using high-pressure tactics to try to convince her to post nude photographs against her wishes. Along those same lines, Quezada has accused Unruly of posting sexually explicit captions on her OnlyFans photos, as well as sending highly inappropriate messages containing sexually explicit content to her OnlyFans subscribers.

As detailed by Rolling Stone, Steele and Quezada also alleged in court documents that Unruly made direct threats when they tried to leave the agency. In fact, this is a theme running throughout most of the lawsuits filed against Unruly: the marketing agency is accused of threatening models who asked to get out of their contracts. In at least one instance, Unruly reportedly continued to operate the model’s OnlyFans account even after the contract was terminated – until she finally gained access and changed her passwords.

Tauler Smith LLP Represents OnlyFans Models in Lawsuits Against Unruly Agency

The recent charges that Unruly posted sexual images of the popular influencers and fitness models without their consent is in line with similar allegations brought by other models and online content creators against the social media management company. This includes documented abuses like engaging in sexually exploitative behavior, pressuring models into illegal contracts, and threatening the models with financially crippling legal action.

In a case filed last year by Tauler Smith LLP on behalf of an OnlyFans model identified only as “Jane Doe,” the model alleged that Unruly Agency surreptitiously took nude photographs of her and then posted them on her OnlyFans account as “revenge porn” retaliation. Jane Doe also said that Unruly unlawfully took control of her personal bank accounts and finances. Another model accused Unruly of posting a sexually explicit video to her OnlyFans page without her consent, as well as threatening and intimidating her when she expressed a desire to leave the agency.

Both models are being represented in OnlyFans lawsuits by L.A. social media litigator Robert Tauler. Mr. Tauler did not mince words when describing Unruly as “basically pimps” who take advantage of young, vulnerable women looking to earn an income as OnlyFans creators and social media influencers.

Contact the Los Angeles Social Media Litigators at Tauler Smith LLP

The new allegations against Unruly Agency would be shocking if they weren’t so commonplace: this is just the latest entry in a long list of known abuses by the marketing agency. If you are a model, lifestyle influencer, or other type of social media influencer who has been exploited by Unruly, you should speak with an attorney immediately.

Tauler Smith LLP is a California law firm that has experience with social media litigation. We help models get out of bad contracts with abusive agencies, and we also help them get the compensation they deserve. Call us at 310-590-3927 or fill out the online contact form to explore your legal options.

Rolling Stone Article on Exploitation by Unruly Agency

March 17, 2022/in Press /by taulersmith

As the subscription-based platform OnlyFans has exploded in popularity over the past few years, so too has a cottage industry of management companies and agencies. One of the most well-known companies, Unruly Agency, is now facing new lawsuits from two influencers who allege that Unruly pressured them into posting sexually exploitative content and threatened them when they tried to leave the agency. In two separate filings, model and lifestyle influencers Sarah Stage and Jessica Quezada are accusing Unruly Agency of trapping them into exploitative contracts and posting nude and sexual photos without their consent.

[…]

In 2021, the Daily Beast reported that a former client identified only as Jane Doe was suing the agency, alleging that it had posted an NSFW video of her to her public page without her permission and that they had threatened her with legal action when she tried to leave the company. “These guys are basically pimps,” Jane Doe’s attorney Robert Tauler told the Daily Beast.

Read the full article on the Rolling Stone website.

BuzzFeed Article on Unruly Agency Intimidation

December 17, 2021/in Social Media Litigation /by taulersmith

BuzzFeed recently published an explosive article that provides information about the many allegations of unethical and illegal behavior by Los Angeles-based Unruly Agency. The talent agency has been accused of numerous transgressions: using deception to convince content creators to sign with Unruly, later threatening to sue clients for supposed contract breaches, taking control of clients’ personal bank accounts, and leaking nude photos of clients. All of this has left content creators who sign with Unruly feeling powerless and trapped.

BuzzFeed: Unruly Agency and Behave Agency Accused of Exploiting Online Content Creators

Unruly Agency is a major content marketing agency that represents a number of different influencers on OnlyFans and other social media platforms. Unruly also runs the Behave Agency, another online content management company with operations in Los Angeles. A large part of what Unruly and Behave do involves the day-to-day management of OnlyFans accounts belonging to content creators. This includes selling online content such as videos and photos, publicizing the creators’ work, and responding to messages sent by fans.

Given the staggering rise in the number of subscription-only platforms on the internet in the past few years, the market for online content creators has never been more competitive. Unruly has been able to capitalize on this by positioning itself as a reputable, reliable agency that is passionate about serving its clients. In fact, one of Unruly’s main selling points is that they can help content creators grow their brand by allowing them to reach a larger audience, which will translate into more followers and increased revenue.

For its story on Unruly, BuzzFeed News interviewed no fewer than 18 people and reviewed various documents reportedly showing that the talent agency was often misleading both clients and workers when it came to the details of contracts that were signed. At least two models who signed with Unruly said that company officials waived off their concerns about contract provisions by claiming that they were merely formalities. When the models attempted to get out of the contracts, however, those provisions were suddenly binding.

OnlyFans Models Hire Tauler Smith LLP for Legal Action Against Unruly Agency

Two former clients of Unruly recently enlisted the legal team at Tauler Smith LLP to represent them in civil suits against the talent agency. Both clients are young models whose lives were nearly ruined by Unruly. L.A. social media litigator Robert Tauler filed suit on behalf of the women in Los Angeles County Superior Court, seeking damages and injunctive relief.

Tauler called the typical Unruly contract “a Frankenstein of the worst provisions I’ve seen put together in one contract.” He said the contract is clearly unlawful, and that its main purpose appears to be to manipulate and gain leverage over the young women who make the mistake of signing with Unruly Agency.

Generally speaking, Unruly’s contracts are exploitative and grant the talent agency an unreasonable amount of control over clients’ personal lives. For example, several clients were locked into contracts with automatic renewal provisions. These legally questionable provisions basically forced the models to stay with the agency for at least three (3) years. Additionally, at least one contract used by Behave Agency gave the company authority to take out a life insurance policy on a client, as well as requiring the client to share private medical information with the agency.

OnlyFans Creators Say They Were Victims of Intimidation & Threats by Unruly Agency

One theme that runs throughout the many allegations made against Unruly Agency in the BuzzFeed article is that the company bullies and scares young female models, influencers, and online celebrities. Amia Miley, a former client of Unruly/Behave, said that many of the girls who sign with the agency are worried about retaliation, so they simply don’t say anything.

One OnlyFans model who did speak up said that the company pressured her to publish sexually explicit content on the internet even after she made it clear that she was not comfortable doing so. Remarkably, Unruly and its founders, Tara Niknejad and Nicky Gathrite, actually promote the agency as a strong advocate for female empowerment and women’s rights.

The young models interviewed by BuzzFeed News made several allegations of improper behavior and illegal conduct by Unruly Agency, including the following:

Unruly uses deceptive recruitment practices. One of the allegations against Unruly is that the talent agency uses misleading tactics and high-pressure sales pitches to convince content creators to sign long-term contracts.
The contracts signed by clients are unclear. The contracts that some clients signed allegedly included terms that conflicted with the terms discussed during contract negotiations with Unruly agents. For example, clients have reported specific details missing from the written contracts after Unruly had explicitly agreed to those details in conversations.
Unruly uses the threat of costly lawsuits to intimidate clients. Once an OnlyFans creator signs with Unruly, they are locked into what some are calling an exploitative contract. If the client later wants to opt out of the contract and leave the agency, they are reportedly threatened with a six-figure lawsuit that could cause financial ruin.
Unruly publishes nude images without consent. At least one OnlyFans model has accused Unruly of secretly taking nude photographs of her while she was changing clothes during a photo shoot. Moreover, the model says that the agency later released those nude images on social media without her knowledge or consent.
Unruly takes control of clients’ personal bank accounts. Multiple models said that Unruly switched out the banking information on their OnlyFans accounts, essentially replacing the client bank account with the agency’s bank account. As a result, Unruly initially gets all of the income generated on OnlyFans, and then the clients are entirely dependent on the talent agency to pay out any money earned. Additionally, at least one client said that the agency was repeatedly late when it came to making payments.

Unruly Agency Also Accused of Exploiting Workers and Committing Wage Theft

According to the BuzzFeed investigation of Unruly Agency’s business practices, the company’s exploitative tactics are not limited to just clients. A number of current and former workers for Unruly have accused the agency of violating California employment laws by misclassifying the employees as independent contractors so that they could illegally underpay them. At least six (6) workers are reportedly planning to file lawsuits against Unruly for wage theft.

Contact Los Angeles Social Media Lawyer Robert Tauler

Although the BuzzFeed article focuses on alleged abuses of power and unlawful conduct by Unruly Agency, it also serves to highlight a broader problem among many talent agencies in California that routinely take advantage of OnlyFans creators, Instagram models, and other social media influencers. If you are a content creator or influencer who has been exploited by a talent agency, Los Angeles social media litigator Robert Tauler and the Tauler Smith LLP legal team can help you. Call 310-590-3927 or submit the contact form.

Unruly Agency Accused of Exploiting OnlyFans Creators

December 16, 2021/in Press /by taulersmith

A growing chorus of clients and current and former workers at the social media management company Unruly say the agency has engaged in deceptive recruitment practices that locked them into agreements threatening six-figure penalties for contract breaches and handing over expansive control of their personal lives, while demanding work they hadn’t realized they’d signed up for and, in some cases, publishing nude images of them without their consent.

Read the full article on BuzzFeed.

Daily Beast Article on Unruly Agency Lawsuit

Daily Beast Article on Lawsuit Against Unruly Agency

July 26, 2021/in Social Media Litigation /by taulersmith

A recent Daily Beast article details a lawsuit filed by Tauler Smith LLP against Unruly Agency. The article provides significant background on the legal action, including allegations that the social media marketing agency negligently leaked nude videos and photos of one of its clients.

The Daily Beast Publishes Article on Tauler Smith LLP Lawsuit Against Unruly

The Daily Beast article offers a good introduction to the dangers posed by talent agencies like Unruly that take advantage of social media influencers. These agencies often promote themselves as being committed to “female empowerment,” and many aspiring models buy into that marketing slogan – only to later find their lives ruined.

Unruly Agency is a well-known talent agency that represents several prominent influencers on social media platforms like OnlyFans and Instagram. One of those clients, identified in the lawsuit as “Jane Doe,” recently enlisted L.A. social media litigation attorney Robert Tauler to file suit in Los Angeles County Superior Court. Doe is a 21-year-old model who initially hired Unruly to help build her social media presence before realizing that the agency was actually causing irreparable harm to her brand.

Disturbing Allegations in Legal Action Involving Social Media Talent Agencies Unruly and Behave

Jane Doe’s lawsuit alleges that both Unruly Agency and Behave Agency (a spin-off agency for smaller influencers) use shady business practices to take advantage of young models and online influencers looking for assistance with marketing and reaching their fans through subscription-only services such as OnlyFans.

The following are just a few of the illegal actions that Unruly Agency has been accused of in the Jane Doe lawsuit:

Posting an illicit video of the model to the public section on her OnlyFans page. The nude video was later leaked all over the internet.
Posting a “private” photograph of the model on someone else’s OnlyFans account.
Changing the model’s online payment information and rerouting OnlyFans income from her bank account to the agency’s bank accounts.
Threatening to ruin the model financially when she attempted to leave the agency.

Doe’s attorney, Robert Tauler, said that the people running Unruly and Behave “are basically pimps” who try to squeeze as much money as possible out of social media influencers. Tauler noted that in his client’s case, Unruly Agency even included a provision that allowed the company to take out a life insurance policy on the young model – something that Tauler had never encountered before in his legal career.

Despite the obvious allure of hiring a high-profile agency like Unruly, doing so could ultimately be harmful to a social media influencer’s career, financial bottom line, and emotional wellbeing. That’s one reason why it can be highly beneficial to consult with a qualified social media lawyer before signing any contract with an agency.

Contact the Los Angeles Social Media Litigators at Tauler Smith LLP

Tauler Smith LLP is a Los Angeles law firm that represents clients nationwide in social media litigation, business fraud disputes, and intellectual property matters. If you are a social media influencer who has been victimized by a talent agency, our experienced attorneys may be able to help you. Call 310-590-3927 or submit the firm’s contact form.

Model Accuses Unruly Agency of Exposing Nudes & Threats

July 24, 2021/in Press /by taulersmith

Unruly Agency reps some of the biggest influencers on Instagram and OnlyFans. But content creators are warning others to stay far away, and one model is suing the agency.

With the likes of influencer Tana Mongeau, YouTuber Daisy Keech, Too Hot to Handle cast member turned TikTok provocateur Harry Jowsey, the Clermont Twins, and dozens of other social media stars and models on its roster, the Unruly Agency seems to be the place that could take an influencer’s brand to new heights.

But clients and contractors who worked with Unruly and Behave Agency—Unruly’s spinoff for smaller influencers—are warning others against signing with either of the firms, citing sketchy business practices and a ruthless cash-grab attitude.

Read the full article on The Daily Beast.

Tauler Smith LLP Files OnlyFans Lawsuit Against Unruly Agency

July 16, 2021/in Social Media Litigation /by taulersmith

Tauler Smith LLP, a Los Angeles law firm that represents clients nationwide, recently filed a lawsuit against Unruly Agency and Behave Agency, two marketing firms for aspiring models and social media influencers. At the heart of the case is an allegation that the talent agencies took advantage of a young model by exerting undue control over her finances and by threatening her when she wanted to leave the agencies.

Unruly Agency and Behave Agency Accused of Exploiting OnlyFans Model

The model bringing the legal complaint against Unruly and Behave is being identified in court documents as “Jane Doe” to protect her privacy. According to Jane Doe, she hired the talent agencies to assist her with marketing her content on the OnlyFans social media platform, which allows fans of a model or influencer pay a monthly fee to subscribe and access exclusive content from that model.

After enlisting Unruly and Behave to help her sell content on OnlyFans, Jane Doe reported that the talent agencies quickly took complete control of her finances. The agencies also allegedly leaked sexually explicit content of the model without her consent. When she tried to sever the business relationship, they would not allow it: they are accused of threatening the model “with humiliation and financial ruin” if she ever attempted to leave, including the distribution of private sexual materials, videos, and photographs.

The official legal complaint against Unruly and Behave was filed in the Los Angeles County Superior Court on July 15, 2021. The lawsuit raises a number of legal claims, including:

Business Fraud
Unfair Business Practices
Negligence
Invasion of Privacy
Intentional Infliction of Emotional Distress

Jane Doe is asking the court to award both general and punitive damages in the case, in addition to issuing a preliminary injunction against the Defendants.

L.A. Business Fraud Lawyer Robert Tauler Represents Artists, Models, and Influencers in Social Media Litigation

Attorney Robert Tauler is one of the founders of Tauler Smith LLP, and he has extensive experience representing clients in litigation involving social media, business fraud, and intellectual property disputes. Mr. Tauler is the attorney representing Jane Doe in her lawsuit against the powerful talent agencies. Tauler did not mince words when discussing the behavior and actions of Unruly and Behave, calling them “modern day pimps” who “operate in the shadows of the cloistered COVID economy.”

You can view the legal complaint that was filed in L.A. County Superior Court.

Contact the Los Angeles Social Media Lawyers at Tauler Smith LLP Today to Discuss Your OnlyFans Case

Artists, models, and social media influencers who use the OnlyFans platform may find that they need a qualified attorney to protect their interests. If you are the victim of an unscrupulous talent agency, or if you simply need a lawyer to review your OnlyFans contract, call 310-590-3927 or fill out the contact form.

BitClout Raises Intellectual Property Concerns

June 28, 2021/in Intellectual Property /by taulersmith

With the Bitcoin and NFT bubbles continuing to grow, a new crypto-based company has hit the market looking to capitalize on the investment wave. Instead of investing in a business or product, BitClout offers users a new investment option that is described by its owner as a “new type of social network that lets [users] speculate on people and posts with real money.” Backed by some of Silicon Valley’s biggest investors, like Sequoia Capital and Winklevoss Capital, BitClout’s creators hope that it is poised to have a bright future.

However, BitClout is not without controversy over some of its current business practices, some of which may raise intellectual property concerns. To learn more about the possible legal issues posed by BitClout, keep reading this blog.

What Is BitClout?

BitClout users deposit Bitcoin into the platform in exchange for BitClout currency, or creator coins. The value of these coins is based on the reputation or popularity of the celebrity profile the user chooses to invest in. The more popular the profile, the more valuable the creator coin. In theory, if there is a new indie band that a user believes will break into the mainstream, the user can purchase the band’s creator coin now while the cost is low; as the band’s popularity increases, so will the value of the coins the user has purchased.

While users can deposit BitCoin in exchange for BitClout currency, there is currently no way for a user to cash out should they want to do so. The founder of BitClout hopes to have a currency exchange in the future but has no specifics on how or when they will be able to offer a cash-out option. BitClout appears to be a volatile investment, offering the potential for a quick rise and equally quick fall in investment value, with no way for users to cut losses and cash out.

Legal Issues Posed by BitClout

There have been questions raised about the legality of NFTs, cryptocurrency, and related digital assets on the blockchain. One point of controversy surrounding BitClout is their aggressive growth strategy, in which their network was pre-populated with profiles from the top 15,000 public Twitter profiles. Influencers like Kim Kardashian and Elon Musk had profiles created without signing up for or agreeing to the platform. While the founder of BitClout says this was done to prevent user impersonation or handle squatting, the company is currently using the private information of celebrities and influencers without their expressed consent.

One influencer, Brandon Curtis, has already served BitClout founder Nader Al-Naji with a cease-and-desist letter for using his personal information without consent. Curtis is arguing that it is the individual’s right to profit from his or her own identity, and to choose what organizations they collaborate with. Depending on the outcome of Curtis’ intellectual property case, it is possible that many of the other pre-populated profiles on BitClout will also seek to be removed from the platform.

Contact the California Intellectual Property Lawyers at Tauler Smith LLP

Tauler Smith LLP is a Los Angeles law firm that represents clients in intellectual property disputes, including cases involving copyright infringement. If you believe that you are a victim of a copyright violation, or if you have been accused of a copyright violation, our experienced IP attorneys can help you. Call or email us today to discuss your legal options.