ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Wednesday, November 11, 2009

Celebrities, Sex Tapes, Contracts and a Public Service Announcement [Also: JLo Gets a TRO]

Vhs Last week, Carrie Prejean settled her lawsuit against Miss California USA (previously mentioned here and here) for next to nothing.  Why?  A sex tape surfaced.

This week, ContractsProf Blog reads that Jennifer Lopez has sued her ex-husband for attempting to find a buyer for a "steamy home video of the couple's honeymoon."  An LA judge granted JLo a TRO. JLo claims that her ex is in breach of a contract, pursuant to which he agreed not to publish details of their relationship.  The AFP reports:

According to court papers filed on behalf of Lopez on Friday, the singer-actress's ex-husband Ojani Noa is attempting to find a buyer for a film which includes steamy home video of the couple's honeymoon.

Lopez is claiming breach of contract and seeking 10 million dollars in damages over Noa's attempts to sell the film. Film-maker Ed Meyer is also named in the suit, records show.

The case is the second lawsuit filed by Lopez, 40, against Noa, who she married in 1997 and divorced 11 months later.

In the first case Lopez successfully sued to prevent publication of a tell-all book Noa was writing about the couple.

Lopez was eventually awarded 545,000 dollars by an arbitrator for breach of contract. Lopez said Noa had signed an agreement before their wedding agreeing not to publish details of their relationship.

Lopez's second husband was choreographer Cris Judd, whom she married in September 2001 and divorced less than nine months later. Lopez and singer Marc Anthony were married in June 2004 and are the parents of twins.

Free public service announcement: think before you make a sex tape.  Counteract your cognitive bias.  There is an overoptimism problem here - you may go into the situation thinking you are with someone who will never use the video to extort money from you or profiteer.  There is, however, ample empirical evidence that your relationship is not guaranteed last.  If you *must* make a sex tape, be the one to keep sole possession of it.

[Meredith R. Miller]

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