Quick Index
 Adult Industry News
Search AINews Database
Type Keyword or Phrase Here
The Movie That Started it All!
   
 

Front Page
Film News
Media News
Business News
Clubs & Appearances
Law & Politics
Internet & Mobile News
Lifestyles Arts Health Charity
Letters to the Editor
Columns
Movie Spotlight Reviews
Interviews
Pornstar Pages
AINews Staff
Ad Rates
PR 101: Press Release Service

Caliente Swinger Vacations!

Kayden Kross at Twistys

May 10, 2012 09:44am
Sara Jay/Brazzers Lawsuit
Source: VickyAtHome.com
by: Company Press Release

(LOS ANGELES, CA) -- Popular adult Superstar Sara Jay (http://www.sarajay.com and http://www.twitter.com/sarajayxxx) is happy to announce that she and Brazzers have mutually agreed to resolve a hard fought lawsuit filed by Jay over a website called "SaraJayBlog.com". The popular star sued Brazzers claiming it had set up the Blog through an Affiliate with the express purpose of impersonating her and stealing traffic.

Brazzers disputed Sara Jay's claims, asserting, among other things that it was not responsible for the actions of an affiliate that was sending it traffic. Jay asserted that Brazzers was engaging in an industry wide practice of setting up similar blogs to 'impersonate' girls in the business to get traffic and sales.

After the case was filed, the Blog was taken down. Brazzers tried to have the entire case thrown out by the trial court claiming Jay's claims were barred by an arbitration agreement in a modeling release Jay had signed which Brazzers said also gave it the right to 'promote' images it owned in whatever manner it saw fit. After losing those arguments at the trial court level, Brazzers took an appeal up to the Court of Appeal which it lost resulting in an award of costs in Jay's favor.

The case was ordered into mediation where the parties agreed to resolve the case with Brazzers agreeing Jay had the right to try and get the domain back for herself.

Sara Jay is quoted as saying: "I sued because there was a Blog out there purporting to be my 'official' blog which sent all the traffic - and sales - to Brazzers. Needless to say, I take any attempt to use my name to make money of my name very seriously. We won at the Trial Court and Court of Appeal levels. However, with the blog now gone and Brazzers agreeing it would not stand in the way me getting back the URL, settling made sense. We were both incurring massive amounts of time, legal expenses and costs - time I could be spending shooting or on my career. I'd rather be on set having sex for my fans than in a court room. It was a bitter battle with Brazzers and but it was better for both sides to resolve it."

Of legal interest in the case was Brazzers' claim that it had given an oral agreement for one Brazzers entity to use the model release rights to all other Brazzers entities. The Court of Appeal found that an oral agreement pertaining to matters that are the subject of copyright (such as photographs) is invalid unless in writing. (See attached.) the court found that taking out the domain name "SaraJayBlog.Com" was not permitted by the Brazzers contract that Ms. Jay had signed. It held that Ms. Jay’s "suit does not involve the subject matter of the [Brazzers’ entity] contract". Whether this judicial ruling will cause Brazzers to change its policy of promoting its websites using domain names of the actresses with whom it has signed releases remains to be seen.

Sara Jay notes: "It's amazing what companies are trying to do based on purported 'modeling releases'. All I can say is… be careful what you sign."

Sara Jay can be reached for comment at: Sara@Sarajay.com http://www.twitter.com/sarajayxxx

Sara Jay's attorney, Michal Kernan, Esq. can be reached for comment at kernanlaw@Gmail.com and (310) 490-9777

Sara Jay's Awards and Nominations Include:
VNA Official Fleshlight Girl 2012
UrbanX Hall of Fame Award - 2011
UrbanX Best Interracial Website 2011
AVN Nomination - Best Pornstar Website 2011
XBIZ Nomination - Best MILF Website 2011
UrbanX Best Interracial Star 2009

The Movie That Started it All!

Related Stories

Related Sites - WARNING! Graphic Content

Casey Cumz 01

See BiBi Jones at Digital Playground

Top Stories

Merry XXXmas, Happy Xanukkah

Pornography Feminism

Rock'N'Sexxxy 12/10/2014

MWA: 12/05/14

Karlie Montana Interview

Deep Vision ThunderRama

Hackin Jack vs Chainsaw Chick

BBW Eliza Allure Interview

MWA: 11/20/14

Tara Lynn Foxx Retires

Treacherous ~ Reviewer Rated

Bright Lights, Lonely Nights

Taormino Speaks at Goucher

Cumisha Amado at Sagebrush

Vivid Radio 1st Anniversary

The Gardener ~ Reviewer Rated

BoodiGo: Privacy & Porn

Shades of Scarlet ~ Reviewer Rated

AINews: Skow Among Best

Heaven & Hell Halloween Party

These Things We Do ~ Reviewer Rated

Farrah Abraham at Hustler Hollywood

Sex Workshop Hustler San Diego

Halloween Art Show

O Awards Pre-Noms Open

Trophy Girl Casting Call

Cum in Me Baby 4 ~ Reviewer Rated

More Phoenix Mainstream

BoodiGo Partners PornGuardian

BoodiGo Supports ASACP

BoodiGo Blocks Child Porn

Boodigo Adult Search Engine

AVN Show Discounts End Today

Inside The Industry 10/08/2014

Amber Lynn at Wasteland

Nikki's Fit as Phoenix

Vivid Extends Patrick Hosting

Fake Test Results

Angelyne on Amber Lynn's RNSU

Red Cardinal Wraps Betrothed

Siri Wins Round 2

J.Lo Doc Johnson Offer

Stripclub Microbrewery on CNN

Father's Day ~ Reviewer Rated

Our Father ~ Reviewer Rated

Nikki Phoenix Album Released

Passport to Hustler Event

Fox News Wasteland

Asianmodelpalooza 14

Nikki Phoenix Appearances

Nikki Phoenix Karaoke XXX

Nina Elle Retains Star Factory

Tasha Reign Grads UCLA

Tera Patrick Hosts Vivid Radio

It's Just Work

Traci Bryant Goes Legal

CET Free Panel Month

Miss LA Karaoke XXX

Freedom Acres Location

Summer Lovers

Nikki Delano at Centerfolds

Karen Summer Returns

Advertise on AINews

Cytherea Auctions Fan Scene

Entertainment is Entertainment is Entertainment

More
Stories From

Law & Politics

Pornstar Graduates Law School

AHF Against AB 999

CraigsErotica Letter to Senators

Amazon Crushes Small Business

Letter of Equality

ASACP Service Recognition Award

Suit Filed Challenging Measure B

ASACP Ready For Internext

Octomom Loses Civil Suit

ASACP at XBIZ 360

Crakmedia ASACP Corporate Sponsor

Mo Reese Statement

CAM4 Newest ASACP Sponsor

Mo Reese FSC Nom

Amber Lynn Seeks FSC Board

Suit Against Measure B

Law Puts Con in Condom

No on B: Here's Why

NO on B Campaign

NO on B Bus Tour

GFY: Vote No on B

Margold on Erection Election

Alex Chance in Documentary

Yahshua: No On B

No On 35 Rally

Why No On B

Measure B Threatens Freedom

Measure B Protest Video

No On B Raffle

Alia Janine: No On B

AHF Vilifies Porn

No on B Event

Alia Janine Against Measure B

Fight Measure B

Takedown Piracy Removes 10,000,000

John Stagliano Keynotes CatalystCon

Hirsch Blasts Trueman

Hirsch Cautions GOP

LATATA Files Injunction

Child Porn Hotline Increased

Vette Scores on AFF

Nicole Houde Assault Arrest

YouJizz Sued

Dickinson Defends Travolta

Kardashian/Humphries Divorce Deposition

Three Stooges Porn Controversy

Suing: Wasn't Sexy Enough

Lords of Acid Censored

Nate Glass on CNBC

Law & Politics Section Index

     
Copyright © 1998 - 2014 Adult Industry News (AINews.com)
All materials constituting text, articles, press releases, stories, columns, photographs, graphics, and code on the AINews.com domain are protected by copyright, and either owned by Adult Industry News (AINews.com), or reproduced with permission from other copyright owners. It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way, or transmitted to others, without the written permission of Adult Industry News (AINews.com).