VIRGINIA BEACH (AP) — The California company that produces “Girls Gone Wild” — racy videos of young women — was ordered to pay a Virginia Beach woman after a jury determined filmmakers violated a law requiring written consent to use one’s image in commercial enterprise.
Mantra Films was ordered Wednesday to pay $60,000 in punitive damages to Debbie Aficial, 26. That is roughly $1 for each copy of “Girls Gone Wild: The Seized Video” that Miss Aficial’s attorney, Kevin Martingayle, estimates the company sold in the fall.
“In isolation, $60,000 doesn’t do anything,” he said. “But it may establish a precedent for others to follow.”
Mr. Martingayle also is representing Aimee Davalle in a separate case against the company.
Both lawsuits stem from a Feb. 19, 2003, incident. According to testimony, the two women attended a promotional event at a Norfolk bar, where they were approached by Mantra Films employees.
Miss Aficial eventually agreed to go to a nearby location and film a video, encouraging Miss Davalle to participate.
Although she never lifted her shirt, Miss Aficial acknowledged in court testimony to giving oral consent to be taped as she kissed Miss Davalle.
Both women chalked it up to a wild but harmless night on the town. Mr. Martingayle said neither had shown proof of age and therefore thought the footage would end up on the cutting-room floor.
That was until Miss Aficial saw a DVD with a topless Miss Davalle on the cover.
Miss Davalle’s case is scheduled for Nov. 29.
Jon Frank
The Virginian Pilot
6/30/05