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Semi-Nude Jake Gyllenhaal Photo Fake, Lawyers Demand It Comes Down

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By Stephanie Rabiner, Esq. on May 20, 2011 6:45 AM

A semi-nude Jake Gyllenhaal photo.

Got your attention? Okay. Let's go.

Apparently this photo, which was originally posted over on BuzzFeed, is a fake.

In fact, it's so obvious it's a fake that it's baffling why it shot across the blogosphere. But that's beside the point, because now Jake's lawyers are reacting and they want it taken down.

If you can't find the semi-nude Jake Gyllenhaal photo, it's probably been pulled. But according to BuzzFeed, it featured Spiderman in a pair of tighty whities in some sort of ballet post.

His face (sorta) was there, but not his body.

The demand letter sent out by his lawyers insists that the photo is violating Jake's rights by "portraying him in a false light, violating his right of publicity and constituting a false designation of origin in violation of the Lanham Act."

Ignore that last one, it's not very important. And since we frequently talk about right of publicity on this blog, check the links below for a nice explanation.

Now, what exactly is "false light"?

False light is part of the larger tort known as Invasion of Privacy. It's similar to defamation, but it doesn't require that a comment be false. Instead, it only requires that a plaintiff show that the defendant publically made a statement that is misleading and that it would be offensive to a reasonable person.

So what's really being said here?

A reasonable person, if it were his photoshopped head, would find the body portrayed in the semi-nude Jake Gyllenhaal photo to be offensive.

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