BOSTON – In a lawsuit filed Monday, Massachusetts-based artist Leah Bassett alleges breach of contract, copyright infringement, trespass and violation of the Massachusetts Consumer Protection Act, among other claims, against a variety of adult industry defendants.
The complaint names Monica Jensen (doing business as “Nica Noelle”), Jon Blitt (both personally and DBA “Mile High Media,” “Icon Male” and “Transsensual”), Mile High Distribution, Joshua Spafford (DBA “Joshua Darling”), April Carter (DBA “Diana DeVoe”), TLA Entertainment Group (DBA “TLA Gay” and “TLA Distribution”) and Gamma Entertainment (DBA “Chargepay BV”).
According to the complaint, which was filed in the federal district court in Boston, the case arises from a dispute which began nearly three years ago, when Joshua Spafford, one of the defendants named in the case, failed to pay rent on a Martha’s Vineyard property owned by Bassett in a timely manner.
When contacted by Bassett concerning the overdue rent, Spafford responded via email that he was unable to pay the rent for the period remaining on the lease because he had fired from his job.
Bassett, who was out of the area at the time, asked her parents to go to the property to assess its condition. According to the complaint, Barbara Bassett, the plaintiff’s mother, encountered two strangers in the house, unpacking luggage and groceries. When Barbara demanded to know who they were, she was told they were guests of “Ms. Jensen” – a name unfamiliar to Bassett.
The complaint alleges that upon being contacted by Barbara Bassett, Jensen identified herself as Spafford’s former employer and said she had “a prior arrangement with Mr. Spafford whereby she would assume responsibility for the leased property for the remainder of its term, and had been given the entryway key as proof of that understanding.”
The complaint alleges Jensen “did not utilize her porn pseudonym of Nica Noelle in her introduction to Barbara Bassett, nor did she disclose the true nature of the commercial use(s) for which she had been using Ms. Bassett’s residence during the preceding weeks and months.”
At various points in subsequent communications, the complaint alleges both Jensen and Spafford agreed to pay the outstanding amounts due to Bassett, but “in actuality, Ms. Bassett has never received any monies (other than the pre-paid escrowed deposits per the Lease) since her last rental payment received in February, 2015 from anyone associated with the 2014-15 Winter rental/use of her personal residence.”
When Bassett returned to Martha’s Vineyard in May 2015, the complaint alleges she “discovered that the physical damages to her personal residence were considerably more extensive than her parents had realized/reported.” Accordingly, Bassett recalculated the amount due to her to be a “base total” of $15,609.
The complaint further states the revised total was calculated before Bassett “independently made the highly disturbing discovery” that the house had been used “for the commercial production of graphic pornography per an array of films/videos ‘credited’ to Nica Noelle, Diana DeVoe, Joshua Darling… and Mile High.”
The complaint also states that “arising from her profound anger, embarrassment and general sense of personal violation” at discovering her property had been used to shoot porn, Bassett “proceeded over the ensuing week/months to engage in periodic – and admittedly somewhat obsessive – review of Internet sites maintained” by Jensen and other defendants named in the case.
“Collectively, they posted numerous photos as publicly-reviewable advertisements, in effect, of the Vineyard-based porn production, which included numerous clothed, nude, semi-nude, and/or graphic sex scene photos or video clips that depicted Ms. Bassett’s home, and its distinctive furnishings and artwork, in the background of those still photos or video clips.”
The artwork referenced above is at the heart of one of lawsuit’s ninth claim, copyright infringement, which arises from the alleged “creation, marketing, and sales for (the defendants’), and perhaps others’, commercial gain of the porn films/videos and still photography shot on Ms. Bassett’s premises that depict her copyright-protected works of art without her permission.”
While the defendants had not filed a response to the complaint as of the time of this post’s publication, an exhibit in the lawsuit may provide some clue as to how Mile High will defend itself against the claims.
In a November, 2015 letter responding to Bassett’s claims, Natalie Megaloudis, the attorney representing Jensen, argued that “(t)he express terms of the Lease Agreement make it clear that Mr. Spafford is the only potential party liable to your client for any alleged rental arrearages, property damages or other claimed breach of the Lease Agreement.”
“Accordingly, all of Ms. Bassett’s rights arising out of the Lease Agreement, or any breaches thereof, are between her and Mr. Spafford,” the letter states. “Any claims that Ms. Bassett attempts to assert against my clients for violations of a Lease Agreement that they never executed nor parties to, necessarily fail for lack of privity of contract.”
The letter also states that “Ms. Bassett’s tenant, Mr. Spafford, informed my clients they were his lawful guests on the property he was renting from Ms. Bassett. At all times my clients were lawfully on the property with Mr. Spafford’s express permission and consent.”
In response to a request for comment for this post, Jensen indicated she had no comment at this time. Her legal counsel had not responded to a similar request for comment by the time of this post’s publication. If either provides comment later, this post will be updated (or a follow-up post composed) accordingly.
