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.
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