Imagine the revulsion the owner experienced when she learned her home in Martha's Vineyard was used to film more than 30 “gay porn” films over a 7-month period. She did not take it well. In fact she made a federal case over it.
The lady owner of the cottage rented her home for seven months beginning in October 2014 to one person. The lease was “for use as a personal residence, excluding all other uses.” The lease also provided that the residence was to be “used and occupied only by the members of the Tenant’s family.” The tenant later lost his job and notified the owner he would be unable to complete the lease.He sublet the property to a gay pornographic film maker which filmed sexually explicit films.
The lawsuit alleged ten counts including breach of contract, trespass, negligence, civil conspiracy, civil fraud, infliction of emotional distress, interference with advantageous business relations, copyright infringement, and civil RICO violations inn 2018. The suit later added ab allegation of defamation. She sued everybody including the lessee, the sub-lessee, the production company, the director, and 25 gay porn stars. The lady owner had personally created several paintings that appeared on the walls of the cottage where pornographic films were made. The owner after the fact of the lease allegedly correctly registered the copyright on several of her pieces of art. That copyright is the sole surviving claim of the original complaint. It was set for jury trial in the UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS beginning August 5th.
Lawyers did what lawyers do - they litigated and ran up the billable hours and fees on both sides. Boy did they. All of the claims except the copyright infringement were dismissed. But the copyright case was set for a jury trial beginning August 5th. The federal case was dismissed on July 23, 2021 after the parties reached a settlement agreement, the terms of which were not disclosed. I am betting she got paid. A lot!
I read portions of the complaint and several other online treatments of this matter. The language in the lease was clear as to who was entitled to use the property. It was unclear to me whether she used a Realtor, lawyer, or a legal form to create the lease. I don't care that the film crew filmed gay videos. I do care that any kind of activity like that took place there without the owner's prior knowledge and consent. Imagine how you would fee. Imagine how the jury would feel!
A lot of property owners rent their homes in Key West to perfect strangers. Be careful.
5 comments:
I knew a girl that leased a house in need of repair on lower Margaret St Key West for a few years. I knew her from real estate, she was very keen, a drinker, used other stuff too. Well one night of stopping over for a soda and conversation, this similar situation occurred. She was not only subletting, she was renting rooms hourly to prostitutes. She introduced me to them by name, then I would see them an hour later escorting out their trick.
The out of town owner finally got notice of such activity, threw lessee out, sold the property for a nice fixer upper price, property refurbished, sold again for 2+ million.
Nowadays a similar thing is going on with ride share owners from Miami as well as others. They rent a house (usually in new town which is cheaper), six of them in one 3 bedroom house. While three are out driving for one twelve hour shift, the other three are sleeping in their warm beds, eating, watching tv.
Welcome to Key West….
The sentence "The owner after the fact of the lease allegedly correctly registered the copyright on several of her pieces of art" makes it sound like there is something improper about registering the copyright after entering into the lease. The artist's copyright rights were established upon creation of the artwork. Registration is just a prerequisite to bringing suit. Nothing improper about it.
I just spent a week in Martha's Vineyard. Now I'm wondering where the house was located. Where do you source this stuff? Brilliant!
if you must know CLICK HERE Then use Google to find the whole ugly mess:
https://str8upgayporn.com/icon-male-nica-noelle-and-mile-high-settle-lawsuit-with-woman-whose-home-was-used-to-film-gay-porn-movies/
How on earth did the woman find out? Does she regularly watch gay porn?. One also wonders if she, the judge and the jury may have felt differently if it was straight porn. Unless any damage was done to her home the film producer should have counter sued her for a hate crime. The question is was she upset because the the lease was broken or because of gay porn.
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