VIRGINIA BEACH, VA – A jury this week ordered Mantra Films, the company that produces the popular “Girls Gone Wild” videos, to pay $60,150 to a Virginia Beach woman for having filmed and used her image without her written consent.The trial began on Tuesday. On Wednesday, after deliberating for about two hours, the jury returned with a verdict, ordering the defendant to pay $150 in compensatory damages and $60,000 in punitive damages.
The company is based in California, and is known for its series of movies “Girls Gone Wild” in which women are videotaped exposing their breasts. They travel across the country to events and venues like Mardi Gras and sprink break resorts.
“They needed a smack-down, and they got one,” said Kevin E. Martingayle, attorney for the plaintiff, Debbie Aficial, 26. “Maybe they should stay in California from now on”
Aficial attended an event with a female friend at Bar Norfolk in Waterside on Feb 19, 2003. They were approached by members of Mantra Films to participate in making a video.
In testimony given this week, Aficial admitted having given verbal permission to let the company use her image in a video. She did not expose herself, but encouraged her friend, Aimee Davalle to participate. Cameras recorded the two women kissing.
The video was released under the title “Girls Gone Wild: The Seized Video.” Davalle is also suing the company. She did expose her breasts and her image was used on the front cover of the video.
Aficial stated that she was embarrassed and humiliated due to her appearance in the video. She said she hadn’t known the video would get worldwide distribution, claiming she had been drinking when she made the agreement.
“I would never take my clothes off in front of people I didn’t know,” she said.
According to testimony, the company sold more than $1.3 million worth of the video.
In February, Circuit Judge Frederick B.Lowe ordered the company to cease production of the video, but allowed them to continue selling inventory copies.
According to Virginia Law, a person must give written consent to use their image for commercial ends. Not many of the states have this law, which explains why Mantra Films can operate so freely, said Martingayle.
Ronald E. Guttman, chief operating officer for Mantra, stated that at the time of the Norfolk event, he was unaware of the Virginia law requiring written consent.
The company denies any intentional illegality. Once Mantra Films learned that it had broken the law, Guttman said, the company followed Lowe’s order and stopped producing the video. “We were never in contempt of court,” he testified.
