1. 1 UNITED STATES DISTRICT COURT
2 MIDDLE DISTRICT OF FLORIDA
3 TAMPA DIVISION
4Lara Jade Coton,
5 Plaintiff,
6 v. CASE NO. 07-CV-4532
7Televised Visual X-Ography, Inc., d/b/a
8TVX, Inc.; Robert Augustus Burge d/b/a
9TVX Home Video and d/b/a TVX Films,
10 Defendants.
11
12 COMPLAINT
14 Plaintiff, Lara Jade Coton ("LARA JADE") sues the Defendants, Televised
15Visual X-Ography, Inc., d/b/a TVX, Inc.; Robert Augustus Burge a/k/a/ Bob Burge
16a/k/a Bob Augustus, d/b/a TVX Home Video and d/b/a TVX Films; Effex Media,
17LLC; and Excalibur Entertainment, Inc.; and alleges as follows:
18 Preliminary Statement
19
20 1. This case arises out of the Defendants' unauthorized use of LARA
21JADE'S original photographic creation - a self-portrait taken when LARA JADE was
22just 14 years old -- as the cover art for a pornographic DVD entitled "Body Magic."' In
23addition, LARA JADE'S photograph and image were used and continue to be used by
24Defendants as the main label of the "Body Magic" DVD and in related sales and
25marketing materials.
1 47

2. 1 The Plaintiff
2 2. LARA JADE is a resident of England and a citizen of the United Kingdom.
3 She is not a citizen of the United States nor of any state of the United States, but is a
4 citizen of a foreign state within the meaning of 28 U.S.C. § 1332(a)(2). She is over
5 the age of eighteen (18) years, having only recently celebrated her eighteenth (18th)
6 birthday.
7 3. LARA JADE is a talented and accomplished fashion and portrait
8 photographer who took up photography when she was only fourteen (14) years old.
9 Her original photographic work can be seen at her website, "Lara Jade
10 Photography," at www.larajade.com . LARA JADE'S photography is also displayed
11 and offered for sale on deviantArt.com, an online artistic community, at
12 http,//larafairie.deviantart.com/store/.
13 4. Even at her young age, LARA JADE has already enjoyed a remarkable
14 level of critical success. Her work has been featured in a number of magazines
15 devoted to the art and profession of photography. In addition, LARA JADE and her
16 work have been featured in numerous news items and reviews.
17 5. LARA JADE has also realized some financial success as the result of her
18 photographic and artistic abilities. Nearly 1,000 copies of LARA JADE's
19 photographic works have been sold on her deviantArt website alone, and LARA
20 JADE has been hired for many commissioned projects.
21 The Photograph - "No Easy Way Out"
22 6. In 2004, when she was fourteen (14) years old, LARA JADE took a self-
23 portrait. The photograph was taken and processed in the United Kingdom and the
24 photograph was first printed and published in the United Kingdom.
1 2

3. 1 7. The self-portrait is entitled "No Easy Way Out. ” A true and correct copy of
2 the photograph, "No Easy Way Out," is attached as Exhibit "A."
3 8. The photograph, "No Easy Way Out," has never been licensed, approved
4 or authorized by LARA JADE for use in any manner whatsoever by these
5 Defendants, and certainly not for use in conjunction with the manufacture,
6 distribution, sale or marketing of pornographic videos in general or the
7 pornographic video "Body Magic."
8 The Defendants
9 9. The Defendant, Televised Visual X-Ography, Inc., ("TVX") is a Nevada
10 corporation with its principal place of business located at 1707 Post Oak Road, Suite
11 252, Houston, Texas 77056. For purposes of 28 U.S.C. § 1332, TVX is a citizen of
12 the state of Nevada and a citizen of the State of Texas.
13 10.The Defendant, Robert Augustus Burge a/k/a Bob Burge a/k/a Bob
14 Augustus, ("Burge") is a citizen of the State of Texas. At all times material hereto
15 Burge was and he remains the President of the Defendant, TVX, and was acting in
16 his capacity as such as well as acting individually, d/b/a/ "TVX Home Video," "TVX
17 Home Video, Inc.," and "TVX Films."
18 11. The Defendant, Effex Media LLC ("Effex") is a limited liability company
19 organized and existing under the laws of the state of New Jersey, with its principal
20 place of business in the State of New Jersey. For purposes of 28 U.S.C. § 1332,
21 Effex is a citizen of the State of New Jersey.
22 12. The Defendant, Excalibur Entertainment, Inc. ("Excalibur") is a
23 corporation organized and existing under the laws of the state of California, with its
24 principal place of business in the state of California. For purposes of 29 U.S.C. §
1 3

4. 1 1332, Excalibur is a citizen of the state of California.
2 Count I – Statutory Misappropriation of Image
3 13.This is an action against TVX and Burge for statutory misappropriation of
4 LARA JADE'S photograph, image, and likeness pursuant to Fla. Stat. § 540.08.
5 14.LARA JADE realleges paragraphs 1 through 12.
6 15.TVX and Burge published, printed, displayed or otherwise publicly used
7 LARA JADE'S photograph and likeness, without her express written or oral consent,
8 for purposes of trade or for other commercial or advertising purposes by, among
9 other things:
10 a.Printing and copying LARA JADE'S photograph, image and likeness and
11 utilizing it for the cover of the "Body Magic" DVD.
12 c.Printing and copying LARA JADE'S photograph, image and likeness and
13 utilizing it for the face art of the "Body Magic" DVD.
14 d.Printing and copying LARA JADE'S photograph, image and likeness and
15 uploading it to the internet sites owned and operated by TVX and Burge for
16 purposes of advertising and marketing the "Body Magic" DVD.
17 e.Permitting and encouraging other persons, firms and entities to utilize
18 LARA JADE'S photograph, image and likeness on internet sites owned or operated
19 by them, and making LARA JADE'S photograph and likeness available to such other
20 persons, firms or entities, for purposes of advertising and marketing the "Body
21 Magic" DVD.
22 f.Intentionally and purposefully continuing to utilize LARA JADE'S
23 photograph, image and likeness for commercial or advertising purposes in
24 connection with the sale and distribution of the "Body Magic" DVD even after being
1 4

5. 1 notified by LARA JADE of their unauthorized use and representing to LARA JADE
2 that they would cease their unauthorized use of her image and likeness.
3 16.The referenced acts by TVX and Burge violate Fla. Stat. § 540.08 and have
4 damaged LARA JADE, and LARA JADE has no adequate remedy at law to prevent
5 the ongoing and continuous conduct of TVX and Burge.
6 17.LARA JADE is entitled to the remedies provided in Fla. Stat. § 540.08.
7 WHEREFORE, LARA JADE demands judgment against TVX and Burge for
8 (1) actual damages, including an amount which would have been a reasonable
9 royalty for the use of LARA JADE'S photograph, image and likeness; (2) punitive
10 damages as provided by law; and (3) temporary and permanent injunctive relief to
11 enjoin the unauthorized conduct of TVX and Burge.
12 Count II - Common Law Misappropriation of Image
13 18.This is an action against TVX and Burge for common law
14 misappropriation of LARA JADE'S photograph, image, and likeness.
15 19.LARA JADE realleges paragraphs 1 through 12.
16 20.TVX and Burge published, printed, displayed or otherwise publicly used
17 LARA JADE'S photograph, image and likeness, without her express written or oral
18 consent, for purposes of trade or for other commercial or advertising purposes by,
19 among other things:
20 a.Printing and copying LARA JADE'S photograph, image and likeness and
21 utilizing it for the cover of the "Body Magic" DVD.
22 b.Printing and copying LARA JADE'S photograph, image and likeness and
23 utilizing it for the face art of the "Body Magic" DVD.
24 c.Printing and copying LARA JADE'S photograph, image and likeness and
1 5

6. 1 uploading it to the internet sites owned and operated by TVX and Burge for
2 purposes of advertising and marketing the "Body Magic" DVD.
3 d.Permitting and encouraging other persons, firms and entities to utilize
4 LARA JADE'S photograph, image and likeness on internet sites owned or operated
5 by them, and making LARA JADE'S photograph and likeness available to other
6 persons, firms or entities, for purposes of advertising and marketing the "Body
7 Magic" DVD.
8 e. Intentionally and purposefully continuing to utilize LARA JADE'S
9 photograph, image and likeness for commercial or advertising purposes in
10 connection with the sale and distribution of the "Body Magic" DVD, even after
11 LARA JADE notified them of their unauthorized use and defendants represented to
12 LARA JADE that they would cease their unauthorized use.
13 21.The referenced acts by TVX and Burge constitute misappropriation of
14 LARA JADE'S photograph, image, and likeness for commercial purposes without
15 her consent. The acts have damaged LARA JADE, and LARA JADE has no
16 adequate remedy at law to prevent the ongoing and continuous conduct of TVX and
17 Burge.
18 22.TVX and Burge had actual knowledge of the wrongfulness of their
19 conduct and of the high probability that injury or damage to LARA JADE would
20 result, and despite that knowledge TVX and Burge intentionally pursued their
21 course of conduct resulting in injury or damage to LARA JADE. In the alternative,
22 and even if TVX and Burge acted without actual knowledge, their conduct was so
23 reckless or wanting in care that it constituted conscious disregard for, or
24 indifference to, the rights of LARA JADE. As a result, LARA JADE is entitled to
1 6

7. 1 recover punitive damages against TVX and Burge.
2 WHEREFORE, LARA JADE demands judgment against TVX and Burge for
3(1) actual damages; (2) punitive damages as provided by law; and (3) temporary and
4permanent injunctive relief to enjoin the unauthorized conduct.
5 Count III - False Light Invasion of Privacy
6 23.This is an action for damages against TVX and Burge for false light
7 invasion of privacy.
8 24.LARA JADE realleges paragraphs 1 through 12.
9 25.The use of LARA JADE'S photograph, image and likeness on the cover of
10 the "Body Magic" DVD, face art, internet advertising, and other sales and marketing
11 materials places LARA JADE before the public in a false light by, among other
12 things: (a) suggesting to the public the LARA JADE was involved with or a
13 participant in the pornographic activity depicted and described on the remainder of
14 the "Body Magic" DVD cover and in the "Body Magic" movie contained therein; (b)
15 suggesting to the public that LARA JADE was involved with or a participant in the
16 pornographic movie industry, as an actor or otherwise; and (c) suggesting to the
17 public that LARA JADE had authorized or consented to the use of her photograph
18 and likeness in connection with the sales and marketing of pornographic movies in
19 general and of "Body Magic" in particular.
20 26.Such a portrayal of LARA JADE constitutes a gross misrepresentation of
21 her character, history, activities and beliefs, is highly offensive to LARA JADE and
22 would be highly offensive to a reasonable person.
23 27.TVX and Burge knew of the false light in which their actions and conduct
24 would place LARA JADE, or acted in reckless disregard of the consequences of their
25 actions and conduct.
1 7

8. 1 28.As a result of the actions and conduct of TVX and Burge, LARA JADE has
2 suffered damages.
3 29.TVX and Burge had actual knowledge of the wrongfulness of their conduct
4 and of the high probability that injury or damage to LARA JADE would result and,
5 despite that knowledge, intentionally pursued their course of conduct resulting in
6 injury or damage to LARA JADE. In the alternative, even if they acted without such
7 actual knowledge, the conduct of TVX and Burge was so reckless or wanting in care
8 that it constituted a conscious disregard for or indifference to the rights of LARA
9 JADE. As a result, LARA JADE is entitled to recover punitive damages against TVX
10 and Burge.
11 WHEREFORE, LARA JADE demands judgment for damages, including actual,
12compensatory and punitive damages, against the Defendants TVX and Burge, an award
13of the costs of this action, and such further relief as the Court deems appropriate.
14 DEMAND FOR JURY TRIAL
15 30.Pursuant to Fed. R. Civ. P. 38, Plaintiff LARA JADE COTON hereby
16 demands a trial by jury on all issues so triable.
17
18
19 s/ Richard A. Harrison________________
20 RICHARD A. HARRISON
21 Florida Bar Number: 602493
22 Allen Dell, P.A.
23 202 South Rome Ave., Ste. 100
24 Tampa, Florida 33606
25 Counsel for Plaintiff
26
27
1 8

9. 1
1 9

10. 1
1 10

11. 1
1 11