Hailey Clauson's Parents Suing Urban Oufitters

[Caroliiine]

Even if they win this case, they will not get $28 million. The price will be adjusted to a much smaller amount, probably less than what Hailey could have made over the course of her career if this lawsuit hadn't happened. Bob Marley's estate recently won a lawsuit against a company using his image and lyrics for clothing and toys without permission and was only awarded $300,000.

 

[Karen0193]

I have a question. Why would anyone buy that t-shirt anyway? It'd be creepy even if she wasn't underage.

I think the same

 

[citygrrl]

Lol I bet a lot guys would want it. People I've talked to about the shirt actually really want it now since it's caused so much controversy I mean, they sell a tee featuring a topless Kate Moss at UO...I'm not saying I don't think it'd be creepy to wear it, but I'm sure guys wouldn't mind . It's a guy's shirt right?

 

[Vega Magnus]

Lol I bet a lot guys would want it. People I've talked to about the shirt actually really want it now since it's caused so much controversy I mean, they sell a tee featuring a topless Kate Moss naked at UO...I'm not saying I don't think it'd be creepy to wear it, but I'm sure guys wouldn't mind . It's a guy's shirt right?

I'm a guy and I think it's disturbing. The only way I'd wear a shirt like that is if it was a picture of my wife/girlfriend, and even then I'd probably feel a bit uncomfortable. As far as the hormone-crazed adolescent-in-a-man's-body guys, I'd imagine that their reactions would be something like this:

"She's got on WAY too many clothes."

Those are actual reactions to pictures of fashion models from guys on the Internet. (As best as I can remember them. They may not be exactly word for word, bu they're close.) I've posted pictures of fashion models that I find attractive on some sports sites that I visit, and all of the guys there all reacted like that. You see, man-children like that only think that softcore p*rn models with fake boobs the size of soccer balls and buttcheeks the size of beachballs are attractive. They would certainly not be interested in this shirt.

 

[agee]

I think that had the parents gone the cease and desist route and focused on the unauthorized part and also not sought damages or not sought such a ridiculous amount, then they would not getting this backlash, but as others have stated, it comes off as the parents have an issue with the nature of the images in addition to its distribution when phrases like "posed in a blatantly salacious manner" and "the image may portray a child in a sexually suggestive manner and may be in violation of one or more federal and/or state laws," are part of the complaint. If that was the case then those issues should have been their issues regardless of whether the pictures were on a T-Shirt or in a fashion ed, so as others have said they are coming off as being selective about when they cry foul. It just does not pass the smell test because a parent was supposedly on set, this photographer is known for doing images of this nature and that information was easily obtainable, the overall photoshoot had "little girl gone bad" vibe, Hailey has done sexy stuff before and these images or outtakes were posted on her personal site.

 

[Islandili]

Does anyone know what do her parents dofor a living?
I think a read somewhere in her thread that they are dentists, or is that not so?

 

[modela]

Does no one else see a distinct difference between a photoshoot done with permission of the parents for limited viewing -- as it's been reported multiple times now that the pictures were never intended to be viewed after her agent complained -- and the exposure that would result in that same image being on a t-shirt in one of the most popular clothing chains? I can understand why, in the industry, a provocative photoshoot was done and if her parents were there and gave permission and Hailey felt comfortable, whatever, it was experience and I will assume by the presence of her parents that it was fairly private and professional. I see a HUGE difference between that and a mass-produced t-shirt and I can understand why they are suing. Not saying that the image's sexual focus on a young girl isn't a whole OTHER issue that needs attention and examination, only that I feel there's a difference between doing that in a photoshoot with an inclusive audience and plastering it on t-shirts for young adults without permission.

If the pictures were never intended to be viewed than why did Hailey posted those pictures on her blog for everybody to see.Suddenly there is a lawsuit and those pics get removed This has nothing to do with protecting their daughter , because if it was why let her do shoots where you can see her breasts or even put her in a position where she is posing in a salacious manner .Its only salacious when it suits them .They just want a big piece of that very big pie.(UO)

 

[theBlueRider]

I'm a guy and I think it's disturbing. The only way I'd wear a shirt like that is if it was a picture of my wife/girlfriend, and even then I'd probably feel a bit uncomfortable. As far as the hormone-crazed adolescent-in-a-man's-body guys, I'd imagine that their reactions would be something like this:

"She's got on WAY too many clothes."

Those are actual reactions to pictures of fashion models from guys on the Internet. (As best as I can remember them. They may not be exactly word for word, bu they're close.) I've posted pictures of fashion models that I find attractive on some sports sites that I visit, and all of the guys there all reacted like that. You see, man-children like that only think that softcore p*rn models with fake boobs the size of soccer balls and buttcheeks the size of beachballs are attractive. They would certainly not be interested in this shirt.

Yes, this is similar to my thoughts. It's very disturbing to hear everyone saying "sexy" or "sex appeal" with this story surrounding Hailey and I've seen even more heinous choice of words in some articles. There are models who are sexy who average Joes would find hot but Hailey clearly looks like a very young teenager who has only developed height.

But on another hand, I can guarantee you that there are lots and lots of men who don't work in the fashion industry and could care less about Miu Miu pumps but love or would love the editorials in Interview, French Vogue, Purple etc. I've even heard a guy say after learning that model in a half-naked picture was barely legal that "they're better when they're younger"...the industry fuels pseudo-pedophilia...and a lot of guys move to NYC to become photographers/photographer assistants or downtown musicians and artists just to get close to the young girls because they know it's easier that way and there are no restrictions...

 

[citygrrl]

Photog Defends Racy Photos of Teen Model

LOL they show a picture that's not even her.

 

[Fontenrose]

I think one important piece of information we're lacking about this case at the moment (unless I've just missed it completely) is if a model release form was signed and what the conditions were. I'm assuming the father would have been the one to sign it since apparently he was on set and Hailey is a minor.

There is probably no release here. Until recently there would have been an 'understanding' between the agency and a photographer that the photographer wouldn't submit the photos for editorials without sort of keeping the agency in the loop. Certainly any commercial use would have to paid for by a client. Apparently there was something said to the photographer by Ford about how these photos (or some of these photos) were not to be used. Most agencies put their expectations from photographers in writing lately.

More details from Stylite:

Yesterday we reported that Urban Outfitters was being sued for selling a t-shirt screenprinted with an unauthorized photo of teenage model Hailey Clauson. But last night we learned the company that actually made the shirt had no idea they weren’t allowed to use the photo, or that Clauson was only 15 years old when it was taken. Blood Is The New Black owner Mitra Khayyam emailed Styleite to explain that neither she, nor her staff nor anyone at Urban Outfitters was aware that photographer Jason Lee Parry didn’t get a release form for the photo, which Clauson’s parents called “salacious” in their lawsuit against Urban Outfitters. Khayyam also denied the allegation that her company stole the image from Parry. The company has worked with him before, and the image in question is one of several that were “delivered to us … with the sole purpose of producing tee shirts and marketing them to our network of stores worldwide.”

The nature of the photos is pertinent because there are some very strict laws in the U.S. about sexy photos of minors, and how these laws may be interpreted in court may depend on the judge.

 

[Heroin_Chic]

1. Models should set clear borders in shootings and NOT do 'provacative / suggestive' poses if they are not comfortable with them.

2. A 15-year old should NOT be displayed with spread legs ANYWHERE (leave alone t-shirts).

3. People sue each other for more ridiculous reasons (->hot coffee) in America so kudos to the parents. Hailey & them might be set for life now.

4. Great, free advertising for Hailey, that shirt & Urban Outfitters (remember: 'All PR is good PR.')

 

[Liset]

I have to admit I hate that this is every were. Hailey is one of the sweetest girls I have ever worked with always greeting with a big smile and a hug. She does not deserve this bad media attention.

 

[Fontenrose]

1. Models should set clear borders in shootings and NOT do 'provacative / suggestive' poses if they are not comfortable with them.

I doubt if Hailey thought that putting her feet up on the motorcycle was provocative. The photographer said somewhere that she did it because the pipes were hot (on the bike).

However the photographer knew he was taking a (clothed) crotch shot. The model doesn't have a mirror in front of her, so there is a certain amount of trust involved. Teens don't always know how suggestive certain poses are.

 

[FashionStalking]

Hailey Clauson has been participating in "racy" shoots since the beginning of her career. There have been countless so-called "sexy" pictures taken of her, why are her parents choosing to sue over this one?

Oh, that's right. They weren't paid.

And I highly doubt she didn't know what she was doing:



What about the Russian Vogue shoot with the sheer-paneled Stella McCartney dress? The topless and open-shirt photos in Spanish Vogue? Are you going to sue those photographers, as well?

 

[model_mom]

who did what.....

http://la.racked.com/archives/2011/...ban_outfitters_and_blood_is_the_new_black.php

 

[TREVOFASHIONISTO]

Im a male, and i find nothing sexy about this shirt i just see a girl sitting there looking bored. it doesn't bother me at all. i just think might shatter Hailey's modeling career because fashion hates any negative attention. her parents may win, and might get money but Hailey can kiss her runway fame goodbye

if a model is going to complain about photos this day in age then dont take them. that would be like Lindsey complaining about a Terry Richardson image. yo know what you're getting into before you go to a shoot. the agent more than likely will ask the photogrpaher or client what is the direction and what kind of shoot will be happening. Hailey and her parents just want the shirt profits... if another image of that shoot was used i wonder if this would have the same effect

 

[Psylocke]

And I highly doubt she didn't know what she was doing:


What about the Russian Vogue shoot with the sheer-paneled Stella McCartney dress? The topless and open-shirt photos in Spanish Vogue? Are you going to sue those photographers, as well?

I know that's not really in relation to the rest of your post but I just wanted to comment on this. Why do people think it's ok to take shots like that of her just because she had done a few sexy shoots already? She was barely 15 (her birthday is in March) when those pictures were taken, there's a reason there are laws to protect children from that because they're NOT responsible for themselve in such cases. How can a 14 year old judge what intentions a photographer or client has when putting her in raunchy outfits and making her pose like this and how it will affect her later on? All other points aside I don't see why everyone's blaming Hailey for the over-sexualized image created around her when she was just a kid at the time.

 

[carmen_kass]

Get that Cash Clausons!

They may as well since they've Ali Michael'ed Hailey's career. You never take on the the fashion industry!

 

[Bamhutt]

It will be a shame if Hailey's career ends like this she seems like a great girl and is very good in print for someone so young

 

[*Bianca*]

Underage Model Row

Lauren Milligan
24 August 2011
5 comments

Updated Monday August 22, 8.14am: The T-shirt at the centre of a legal wrangle in the US - bearing a "salacious" image of then-15-year-old model Hailey Clauson - was produced by independent label Blood is the New Black. The label's founder, Mitra Khayyam, is being sued by Clauson's family alongside the photographer who took the image, Jason Lee Parry, and the store which distributed it, Urban Outfitters. Parry claims the image was "stolen" from him to be used on the T-shirt, the New York Post reports, but Blood is the New Black's Mitra Khayyam says quite the opposite is true.

How did you come to use the shot - did Mr Parry sell it to you?
"I met with Jason a few times at the office, showed him our different tee bodies and printing capabilities and invited him to join the collection of over 45 artists at Blood is the New Black. Jason then emailed me a PDF of over 20 images for us to select from, we chose seven images, three of which featured the teen model. While I was in Europe in January of 2011, Jason dropped off a disk with the requested high res images at our office. Blood is the New Black does not purchase images outright from our artists; instead we pay them royalties on sales, believing that our success translates into theirs. Our escalating royalty structure ensures that our artists benefit when we have success with their images. Jason was paid for several of his images, including the image in question of the model."

Did he explicitly tell you that you had permission to use it on a T-shirt?
"Blood is the New Black is a T-shirt collection; there was no other use for the high-res images at our company. I explicitly named the images our partners wished to purchase and in turn he delivered the images as well as received payment for them."

What do you think of the shot - do you see it as "salacious" as the suit claims, or agree with Mr Parry that it's only being interpreted as such by those complaining?
"I believe this is a very subjective question. I have been working in the fashion industry since 1999 and images such as these are common. I've had a chance to review a large body of this model's work and I do not think that the images by Parry differ from over two-dozen other photographs of her in bikinis, tube tops, Lolita glasses or hot pants."

What do you plan to do with the T-shirts now - are they still available anywhere?
"The T-shirt in question of the model on the motorcycle has been pulled from all our stores and is being held in our warehouse. From our understanding no more than 500 of these shirts were actually sold to customers before their return to us."

What do you hope will happen now?
"I hope this process can move as smoothly as possible. I believe that eventually the real matter regarding these images will be brought to light which is that Parry had failed to obtain a model release from the model and her parents. Blood is the New Black has always relied on our family of artists for transparency regarding the rights to their work. We have addressed this issue internally to ensure such an egregious oversight never occurs again."

Updated Monday August 22, 8.14am: Model Hailey Clauson is suing a photographer for allowing a "blatantly salacious" photograph he took of her appear on T-shirts by Blood Is The New Black, sold at Urban Outfitters, without her permission. The image, taken when Clauson was just 15, shows her sitting on the back of a motorcycle in leather hotpants and makes "her crotch area the focal point of the image," the lawsuit filed in Manhattan claims.
The photographer, Jason Lee Parry, said the girl's parents were present at the shoot and gave permission, but agreed not to publish the picture of Clauson - now 16 - following complaints from her agent. The controversial image is still available on Parry's website, however, and has since been picked up by blogs before running on the Urban Outifitters T-shirt.
"We are outraged that a photographer would sell photos of an underage model without a signed release form," a spokesperson for Clauson's agent Next Models told us this morning. "At Next Model Management we are very vigilant to protect all our talent with the correct agreements and releases in place before any shoots take place.To clarify, the shoot in question took place when Hailey was represented by Ford, and not since she has been with us here at Next Model Management.We are working with Hailey and her parents and legal team to help them to resolve this matter as soon as possible."
Hailey Clauson was also the model at the centre of a scandal involving Diane von Furstenberg in February of this year. Von Furstenberg used Clauson on her autumn/winter 2011-12 catwalk without realising she was underage at the time. She later issued an apology for the oversight.

vogue.co.uk