Wednesday, November 18, 2009

On A Naked Pic and a Lawsuit

Someone was threatening me with a lawsuit for publishing the naked photo of Ace Ricafort, which was a screenshot from the film "Ang Laro ng Buhay ni Juan".

My dear anonymous, let me guide you with some facts:

1) The image is a screenshot from the film "Ang Laro ng Buhay ni Juan". The owner of the image is the producer Beyond the Box. Only Beyond the Box has the right to sue me for the use of this image.

2) Ace Ricafort has signed a waiver that as an adult person and as an actor, he gives consent to the distribution of his images that has been shot for the content of the film.

3)The actor can sue me only if I took a photo of him without his consent and published it in my blog. i.e. he's taking a shower and I secretly took a photo of him - that constitutes violation of privacy.

In this case, he is naked photographed by film camera which he has consented to record his image for the narrative of a film. And that image is owned by its producer.

With these evident facts, I hope things are much clearer for you.

By the way, actor Ace Ricafort is appearing on another noteworthy film from Senedy Que (Dose). I can't wait to see it.


line of flight said...

one is reminded of the famous legal doctrines of "don't look at it" and "avert your eyes" among the more archaic ones like the "why are you reading his scroll?" doctrine

Anonymous said...

"NOTWORTHY FILM" you say...

is that a typo or an adjective describing the movie. you owe Senedy an apology. make your choice Lex, a slap in the wrist or a tort.

line of flight said...

@Anonymous: actually its "slap on the wrist" ... and opinions of anything or anyone are not considered tortious conduct that gives rise to an actionable tort in the Philippines or any common law/hybrid common law legal system... only defamatory and false statements of fact are subject to the tort of libel. opinions, however, are not facts.

bunwich said...


go straight to EO, and have your eyes checked.

john eric said...

wow! i love how you argue and think.