Mom Sues Over Breastfeeding Video on Porn Sites
When MaryAnn Sahoury agreed to do a breastfeeding education video she never dreamed the clip would end up on porn sites or that it would force her to file a lawsuit.
Two years ago the new mother agreed to appear in the video about how to breastfeed. She was told that the video would air on Parents magazine's website and that they would only use her first name.
But a Google search a few months after shooting the video told Sahoury that she had been exposed.
The video was posted on YouTube using Sahoury's full name and porn companies spliced in into a pornographic video that was posted online.
Not only was Sahoury upset that the video was taken and used as porn, she was worried since using her full name exposed both her and her child.
In an effort to get compensation, Sahoury sued Parents magazine's parent company, Meredith, for breach of contract. She claims that using her last name and posting the video on YouTube violated their agreement.
Getting a lawyer on her side probably made the company sit up and take notice. A judge ruled in August that the lawsuit can go forward.
Meredith claims that they are not responsible for the incident since Sahoury signed a release agreement, reports NBC New York. The agreement said Sahoury would hold Meredith harmless for any third party misuse of the video clip.
It's unclear what force that clause will have given the misrepresentation that Sahoury is alleging.
While indemnity clauses like the one Meredith is referencing are generally enforceable, they don't apply when the company's own actions have caused harm.
In this case, if Meredith is found to have breached the agreement by posting the video on YouTube or using Sahoury's last name they could be liable for damages.
Still, Sahoury said that the company has been helpful in taking down the breastfeeding clips from porn sites, especially since she filed the lawsuit, reports Gothamist. She's hoping the experience will result in better consumer protection.
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