Spitzer's Call Girl Threatens Publicity Rights Action

Posted by Matthew Heller

The high-priced escort hired by former New York Gov. Eliot Spitzer could be planning to bring a publicity rights lawsuit against media outlets that published photos of her without her consent.

The NY Post -- no surprise here -- led the way in the "Spitzergate" press frenzy by running four photos Friday which, among other things, depict a topless Ashley Alexandra Dupré barely covering her breasts. Dupré's court-appointed attorney Don Buchwald of Kelley Drye & Warren in New York quickly rattled off a Marty Singer-style press release in which he complained that "some publications, in violation of journalistic norms, have used the occasion of Governor Spitzer's political misfortunes as an excuse to exploit Ms. Dupré's persona for commercial purposes."

"In view of what happened, we feel constrained to put the media on notice that as counsel for Ms. Dupré we will take all steps that we deem necessary or appropriate to protect Ms. Dupré from any unwarranted exploitation of her name, picture, voice, or likeness for purposes of profit," Buchwald warned.

According to various media reports, the Post purchased the photos from New York-based photographer Wesley Mann, who shot them in 2007. Any claim Dupré might have against the Post could be pretty shaky if Mann had her sign a release.

Some eyebrows have also been raised over the widespread media reproduction of snapshots that Dupré had posted on her MySpace page -- with three attorneys interviewed by Photo Digest News suggesting those who published them "are sailing in dangerous waters," while others believe fair use would apply. "Given the news value of the photographs, we decided that these were images that the public needed to see," the AP's director of photography said.