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Ohio Model Sues After Lingerie Pics Used as Porn

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By Brett Snider, Esq. on December 09, 2014 8:35 AM

Ohio model Nicole Forni is suing after her lingerie photos were sold, allegedly without her consent, and wound up being used for a variety of pornographic products.

Forni, 23, signed up for an admittedly racy lingerie shoot with photographer Joshua Resnick, but only on the promise that the titillating pics not be used in an "adult-oriented, pornographic, or obscene manner." The New York Post reports that Forni was shocked to find her picture on the cover of erotica e-books and "other adult-photo companies'" websites.

Forni can't wrench her photo back from the gaping maw of the Internet, so what is she hoping to gain?

Breach of Contract Alleged

We're assuming that Forni, although in her early 20s, was smart enough to have a written contract with someone who wanted to take pictures of her in sexy underwear. And she alleges that she did sign some sort of contract, which according to the Post had a "universal adult-model release for all agencies" and makes no mention of her request not to have her picture used on adult sites.

Most boilerplate contracts come with a "no oral modification" clause, which prevents the agreeing parties from changing the terms of the contract through an oral agreement. Forni is arguing that she relied on such an oral agreement with Resnick before agreeing to be photographed in the "Victoria's Secret-type" shots -- a promise she describes as "unconditional."

Aside from the fact that Forni probably waived her right to orally modify the contract if it had the typical boilerplate language, there's another problem: The Statute of Frauds prevents many oral contracts from being enforced.

Fraud and Fraudulent Inducement

Forni might have been naive to expect her oral agreement to keep the photo off adult sites was legally sound, but there's also possibly an element of fraud. The young model is suing Resnick for fraudulent inducement, essentially claiming that the photographer made materially false statements which she relied on in agreeing to the photoshoot deal.

Unless any of this contract conversation between Forni and Resnick was recorded, it may be an uphill battle for Forni to prove that there was actual fraud and not just a poor decision. If she's successful in proving fraud, the contract may be unenforceable, and Forni may start demanding the takedown of her images.

But until then, she may still legally remain the face of the Swiss escort site "superescort.ch."

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