Quantcast

Subscribe to:
POZ magazine
Newsletters
Join POZ: Facebook MySpace Twitter Pinterest
Tumblr Google+ Flickr Instagram
POZ Personals
Sign In / Join
Username:
Password:
Welcome, Guest. Please login or register.
October 22, 2014, 09:59:32 PM

Login with username, password and session length


Members
Stats
  • Total Posts: 643139
  • Total Topics: 48936
  • Online Today: 228
  • Online Ever: 585
  • (January 07, 2014, 02:31:47 PM)
Users Online

Welcome


Welcome to the POZ/AIDSmeds Community Forums, a round-the-clock discussion area for people with HIV/AIDS, their friends/family/caregivers, and others concerned about HIV/AIDS.  Click on the links below to browse our various forums; scroll down for a glance at the most recent posts; or join in the conversation yourself by registering on the left side of this page.

Privacy Warning:  Please realize that these forums are open to all, and are fully searchable via Google and other search engines. If you are HIV positive and disclose this in our forums, then it is almost the same thing as telling the whole world (or at least the World Wide Web). If this concerns you, then do not use a username or avatar that are self-identifying in any way. We do not allow the deletion of anything you post in these forums, so think before you post.

  • The information shared in these forums, by moderators and members, is designed to complement, not replace, the relationship between an individual and his/her own physician.

  • All members of these forums are, by default, not considered to be licensed medical providers. If otherwise, users must clearly define themselves as such.

  • Forums members must behave at all times with respect and honesty. Posting guidelines, including time-out and banning policies, have been established by the moderators of these forums. Click here for “Am I Infected?” posting guidelines. Click here for posting guidelines pertaining to all other POZ/AIDSmeds community forums.

  • We ask all forums members to provide references for health/medical/scientific information they provide, when it is not a personal experience being discussed. Please provide hyperlinks with full URLs or full citations of published works not available via the Internet. Additionally, all forums members must post information which are true and correct to their knowledge.

  • Product advertisement—including links; banners; editorial content; and clinical trial, study or survey participation—is strictly prohibited by forums members unless permission has been secured from POZ.

To change forums navigation language settings, click here (members only), Register now

Para cambiar sus preferencias de los foros en español, haz clic aquí (sólo miembros), Regístrate ahora

Finished Reading This? You can collapse this or any other box on this page by clicking the symbol in each box.

Author Topic: Web photos of woman with HIV prompt lawsuit  (Read 2946 times)

0 Members and 1 Guest are viewing this topic.

Offline Boze

  • Member
  • Posts: 477
Web photos of woman with HIV prompt lawsuit
« on: May 31, 2010, 01:22:51 PM »
http://www.norwalkreflector.com/articles/2010/05/31/front/doc4c00944d04252467899118.txt

Web photos of woman with HIV prompt lawsuit
By Eric Frazier - McClatchy Newspapers | Sunday May 30 2010, 4:24pm

An HIV-positive woman let a drug company take pictures of her for an HIV patients? magazine, but was shocked to later find the pictures and details about her situation had been published on the Internet without her permission, she says.

The Union County, N.C. woman filed suit in federal court in Charlotte on Thursday against pharmaceuticals giant Roche Laboratories and ad company Gerbig, Snell/Weisheimer. She signed a release form agreeing to publication of the pictures, but contends the contract didn?t allow the kind of broad exposure they received.

She says photos of herself and information about her sexual history turned up on five or more websites, some of them independent of the pharmaceutical company.

?She was very upset,? said Norris Adams, the Charlotte lawyer representing her. ?She certainly never signed on for it to get out into the community. It?s as private a thing as I can think of.?

Messages left Thursday and Friday with the New Jersey-based Roche?s public-relations office weren?t immediately returned. A spokeswoman for Ohio-based Gerbig Snell said the company generally doesn?t comment on ongoing litigation.

Experts who study the Internet say with online activity growing ? especially on social networking sites such as Facebook ? there probably will be more such court fights over how and when personal information can be used on the Web.

?We?re in a time of really great change, because we?re really redefining ... what privacy is,? said Woodrow Hartzog, a former lawyer, now a Ph.D. student at the University of North Carolina, Chapel Hill who studies privacy and online communication.

He said the woman?s case probably will turn on the language in the contract she signed.

?Signing on the dotted line has taken on a whole new meaning in the age of online communications,? he said.

Identified as ?Jane Doe? in the lawsuit, the woman is asking the court to keep her identity private. Adams and his co-counsel, Edward Connette, said in court papers that their client?s HIV status ?is a matter of (a) sensitive and highly personal nature, revelation of which is likely to pose serious risks of social stigma, including backlash against herself, her husband and minor children, and other family members.?

She is seeking at least $75,000 for allegations of invasion of privacy, negligence, deceptive trade practices, breach of contract and unjust enrichment from the use of her name and likeness.

Adams said Jane Doe?s story and pictures came off the sites shortly after his company began representing her and expressing her concerns to Roche. Still, he?s seeking a court order banning her name and photos from the Web.

He said his client fears that, given the vastness and interconnected nature of the Web, the images and information about her might still exist somewhere in cyberspace.

The woman?s lawsuit says she was diagnosed with HIV in 1997, and began treating her illness with the Roche drug Invirase in 2003. In 2008, the lawsuit says, Gerbig Snell representatives asked her to participate in an ad campaign for Invirase on behalf of Roche.

The suit says she agreed that her photo and name would be used solely in an ad insert for Invirase that would be used exclusively in ?Unite? magazine, a Roche promotional publication circulated only to HIV-positive individuals.

The companies arranged for her to fly to Los Angeles for a photo shoot, the lawsuit says. She signed a legal agreement that said she would be paid $1,200. It also said she was giving permission for Roche to have the photos for ?unlimited use in professional trade communications? within the United States, its territories and possessions.

Her story was published in ?Unite? in 2008, the lawsuit says. Sometime after, she went for a doctor?s appointment and a doctor showed her a Roche advertising pamphlet with her pictures in it.

When she searched for her name on Google last November, the lawsuit says, she discovered photos of herself and her story ? including information about her sexual history ? on at least five Roche-owned sites.

She also found her name, picture and story had been added by and linked to other sites independent from the Roche sites.

Her attorney said the agreement she signed clearly states that Roche didn?t have permission to use the pictures outside of the U.S.

?I can?t think of a way it could be more widely disseminated unless they bought an ad on the Super Bowl,? Adams said. ?It?s either careless or callous. It?s got to be one or the other.?
==========
Aug08 - Seroconversion
Mar10 - Diagnosis; cd4 690 - VL 19,000
Apr10 - cd4 600
May10 - VL 4,500
Jun10 - started Atripla ; VL 113
Jul 10 - UD vl, CD4 590
Aug 10 - UD, CD4 810, 52%
Nov 10 - UD, CD4 980

Offline Ann

  • Administrator
  • Member
  • Posts: 28,140
  • It just is, OK?
    • Num is sum qui mentiar tibi?
Re: Web photos of woman with HIV prompt lawsuit
« Reply #1 on: May 31, 2010, 01:54:51 PM »
I've said it before and I'll say it again - the freaking interwebbies are not your bedroom. This is the "information age" and once you let it out there, it's out there.

Of course, as the article states, this case is going to hinge on the exact language of the contract. I'm betting she didn't get her specs out to examine the fine print.
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline Miss Philicia

  • Member
  • Posts: 24,211
  • celebrity poster, faker & poser
Re: Web photos of woman with HIV prompt lawsuit
« Reply #2 on: May 31, 2010, 02:04:26 PM »
I'm quite sure any pharmaceutical company that gets someone to appear in HIV drug related photos has a standard clause for it to be used in a variety of uses/venues.  Anyone that thinks in the year 2010 that it would be confined to a print media is off their rocker.
"I’ve slept with enough men to know that I’m not gay"

Offline Ann

  • Administrator
  • Member
  • Posts: 28,140
  • It just is, OK?
    • Num is sum qui mentiar tibi?
Re: Web photos of woman with HIV prompt lawsuit
« Reply #3 on: May 31, 2010, 02:09:54 PM »

Anyone that thinks in the year 2010 that it would be confined to a print media is off their rocker.


'zacly.
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Online mecch

  • Member
  • Posts: 11,917
  • red pill? or blue pill?
Re: Web photos of woman with HIV prompt lawsuit
« Reply #4 on: May 31, 2010, 02:10:39 PM »
Isn't this a double posted topic?

Models can get contracts restricting the mode for publication. She probably didn't think about that, but we will see.
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline GSOgymrat

  • Member
  • Posts: 5,038
  • HIV+ since 1993. INTJ
Re: Web photos of woman with HIV prompt lawsuit
« Reply #5 on: May 31, 2010, 02:24:00 PM »
Abbott Laboratories paid me money to use a quote from my lipoatrophy website but the contract said they would not use my name or any identifiable information. As mentioned, I think it is all going to come down to the exact wording of the contract. When you put something on the Internet it can live forever and wind up in the most unusual places.

Offline Ann

  • Administrator
  • Member
  • Posts: 28,140
  • It just is, OK?
    • Num is sum qui mentiar tibi?
Re: Web photos of woman with HIV prompt lawsuit
« Reply #6 on: May 31, 2010, 02:56:41 PM »

When you put something on the Internet it can live forever and wind up in the most unusual places.


Kinky! ;D
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline red_Dragon888

  • Member
  • Posts: 2,811
  • Love and Be Love in Return
Re: Web photos of woman with HIV prompt lawsuit
« Reply #7 on: May 31, 2010, 04:45:17 PM »
Imagine her shock.  I feel sorry for her.
http://www.youtube.com/watch?feature=player_embedded&v=I3ba3lnFHik

“Neither look forward where there is doubt nor backward where there is regret. Look inward and ask not if there is anything o

Offline tednlou2

  • Member
  • Posts: 4,981
Re: Web photos of woman with HIV prompt lawsuit
« Reply #8 on: May 31, 2010, 11:43:54 PM »
I know many models have their pix taken and the company usually has all rights to them.  Companies will use pix of someone, a family, etc from everything to Mop and Glow to ads for insurance.  I've seen pix of people in different ads--the same people.  I seem to remember The Colbert Report or one of those shows showing how the same people were in so many different ads--from political ads to Hair care products. 

If the contract doesn't spell out how the pix can be used, then I'm not sure she'll have a case.     

Offline komnaes

  • Member
  • Posts: 1,893
Re: Web photos of woman with HIV prompt lawsuit
« Reply #9 on: June 01, 2010, 12:31:54 AM »

She says .. information about her sexual history turned up on five or more websites, some of them independent of the pharmaceutical company.


Why is "sexual history" relevant in an ad selling a HIV drug?
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline Moffie65

  • Member
  • Posts: 1,755
  • Living POZ since 1983
Re: Web photos of woman with HIV prompt lawsuit
« Reply #10 on: June 01, 2010, 09:17:26 AM »
Imagine her shock.  I feel sorry for her.

I don't feel sorry for her one twit.  Too bad she didn't know how to read her contract, nor have the temerity to "ask" for legal advice on the contract.  When one "goes to bed" with Pharma, they are pretty much supposed to be able to stand up for themselves, or get out of the ring of play.  How stupid can people really be anymore?
The Bible contains 6 admonishments to homosexuals,
and 362 to heterosexuals.
This doesn't mean that God doesn't love heterosexuals,
It's just that they need more supervision.
Lynn Lavne

Offline red_Dragon888

  • Member
  • Posts: 2,811
  • Love and Be Love in Return
Re: Web photos of woman with HIV prompt lawsuit
« Reply #11 on: June 01, 2010, 03:44:54 PM »
I don't feel sorry for her one twit.  Too bad she didn't know how to read her contract, nor have the temerity to "ask" for legal advice on the contract.  When one "goes to bed" with Pharma, they are pretty much supposed to be able to stand up for themselves, or get out of the ring of play.  How stupid can people really be anymore?
Mr. Sensitive.
http://www.youtube.com/watch?feature=player_embedded&v=I3ba3lnFHik

“Neither look forward where there is doubt nor backward where there is regret. Look inward and ask not if there is anything o

Offline Matty the Damned

  • Member
  • Posts: 12,228
  • Ninja Please
Re: Web photos of woman with HIV prompt lawsuit
« Reply #12 on: June 01, 2010, 05:26:34 PM »
Mr. Sensitive.

What's insensitive about Daddys comments? Frankly he's spot on.

MtD

Offline anniebc

  • Member
  • Posts: 5,942
  • AM member since 2003
Re: Web photos of woman with HIV prompt lawsuit
« Reply #13 on: June 01, 2010, 06:02:42 PM »
Yep Moffie is right I'm afraid...I have done a few stories for Medical Journals, mainly about safety in the work force, I went in with my eyes open and on the small print...when they say read the contract and sign..then you really do have to read every word that's written, if you are not sure then you ask questions.

Most of these companies, if not all  have Web Sites that advertise their wares and Magazines on line, I can go in and read any Magazine I want to, Medical or otherwise , all I have to do is type in the name.


Lets hope she has learnt from her mistakes.
Hugs
Jan :-*

-----------------------------------------------------------------------
Never knock on deaths door..ring the bell and run..he really hates that.

Offline tednlou2

  • Member
  • Posts: 4,981
Re: Web photos of woman with HIV prompt lawsuit
« Reply #14 on: June 01, 2010, 07:21:54 PM »
If this website or others asked us to do a photo shoot for something, would we really hire an attorney to over the contract?  I think most of us would be honored to be asked and trust them.  Maybe it was all spelled out for her and she is just trying to get money.  I don't know. 

Online Jeff G

  • Administrator
  • Member
  • Posts: 12,154
  • How am I doing Beren ?
Re: Web photos of woman with HIV prompt lawsuit
« Reply #15 on: June 01, 2010, 07:35:24 PM »
I would assume if you are giving consent to an advertising agency to use your image it would stand to reason that they would use it in any and all ways they could to there benefit . Meaning maximum exposure .


Offline Miss Philicia

  • Member
  • Posts: 24,211
  • celebrity poster, faker & poser
Re: Web photos of woman with HIV prompt lawsuit
« Reply #16 on: June 01, 2010, 09:07:14 PM »
I can't imagine that a contract of this sort is that difficult to comprehend.  I doubt it's more difficult than a rental lease.
"I’ve slept with enough men to know that I’m not gay"

Offline red_Dragon888

  • Member
  • Posts: 2,811
  • Love and Be Love in Return
Re: Web photos of woman with HIV prompt lawsuit
« Reply #17 on: June 02, 2010, 05:49:22 AM »
I can't imagine that a contract of this sort is that difficult to comprehend.  I doubt it's more difficult than a rental lease.
With all the so-called promises and BS, wanta bet.
http://www.youtube.com/watch?feature=player_embedded&v=I3ba3lnFHik

“Neither look forward where there is doubt nor backward where there is regret. Look inward and ask not if there is anything o

Offline Matty the Damned

  • Member
  • Posts: 12,228
  • Ninja Please
Re: Web photos of woman with HIV prompt lawsuit
« Reply #18 on: June 02, 2010, 05:52:55 AM »
With all the so-called promises and BS, wanta bet.

What promises? What BS? You're not being terribly clear.

MtD

Offline Moffie65

  • Member
  • Posts: 1,755
  • Living POZ since 1983
Re: Web photos of woman with HIV prompt lawsuit
« Reply #19 on: June 03, 2010, 12:32:43 AM »
If this website or others asked us to do a photo shoot for something, would we really hire an attorney to over the contract?  I think most of us would be honored to be asked and trust them.  Maybe it was all spelled out for her and she is just trying to get money.  I don't know. 

This reflects your age, that's all.  At the age of 63 and as many fucktards there are in the world; you should learn from my advise.  Weed/Cheney didn't listen and now we have the Gulf of British Petrolium.  See how that works?  Things go on in the world to teach us something, and when we are typing/talking, we usually miss something, because one cannot listen with clarity when other stuff is going on in our brain.  Trust is for your mother and that is about it!!
The Bible contains 6 admonishments to homosexuals,
and 362 to heterosexuals.
This doesn't mean that God doesn't love heterosexuals,
It's just that they need more supervision.
Lynn Lavne

Offline tednlou2

  • Member
  • Posts: 4,981
Re: Web photos of woman with HIV prompt lawsuit
« Reply #20 on: June 03, 2010, 02:10:09 AM »
This reflects your age, that's all.  At the age of 63 and as many fucktards there are in the world; you should learn from my advise.  Weed/Cheney didn't listen and now we have the Gulf of British Petrolium.  See how that works?  Things go on in the world to teach us something, and when we are typing/talking, we usually miss something, because one cannot listen with clarity when other stuff is going on in our brain.  Trust is for your mother and that is about it!!

I just meant if POZ Magazine, for instance, contacted me to do a photo shoot, I'd be afraid that if I said I'll have to get an attorney to go over this they'd think I was being difficult.  But, you're right.  We should always know the terms of a contract and not be afraid what other's may think.  And, like Miss P said, I can't imagine the contract being that difficult for something like that.  However, a mobile phone contract can be so long and detailed.  There's a commerical running now about a man who has his lawyer in bed with him and his wife.  He says after his dealings with his cell phone company, he can't take any chances.  I forget what cell company the ad is for.   

Offline GSOgymrat

  • Member
  • Posts: 5,038
  • HIV+ since 1993. INTJ
Re: Web photos of woman with HIV prompt lawsuit
« Reply #21 on: June 03, 2010, 01:25:54 PM »
I know this article isn't directly related but it expands on the discussion of how once information gets onto the internet it is difficult to control.

How Facebook Is Kicking Down the Closet Door

http://mobile.newsweek.com/s/2499/265?itemUriVal=feed%23zgpVZKpRpi85LVh%2FVEQBuO3CLSKGHoi&fullStory=true&HeaderTltle=

 


Terms of Membership for these forums
 

© 2014 Smart + Strong. All Rights Reserved.   terms of use and your privacy
Smart + Strong® is a registered trademark of CDM Publishing, LLC.