A woman who rented her Aquinnah house off-season is suing her former tenant and the company he worked for alleging property damage and emotional distress caused by commercial adult films shot at her residence.
A woman who rented her Aquinnah house off-season is suing her former tenant and the company he worked for alleging property damage and emotional distress caused by commercial adult films shot at her residence. Leah Bassett filed a lawsuit on Monday in U.S. District Court in Massachusetts regarding activities that took place over a period of months in 2014 and 2015.
The suit states that Ms. Bassett rented her personal residence to Joshua Spafford, a photographer and personal videographer of adult films, for the winter. Mr. Spafford did not disclose that the intended use of the rental was for shooting pornographic films, the lawsuit claims.
Mr. Spafford was employed by Monica Jensen (also known as Nica Noelle) an adult film writer and director working for Mile High Media, an adult film production company.
In March of 2015, Mr. Spafford informed Ms. Bassett that he had been fired by Ms. Jensen and had vacated the home. In response Ms. Bassett asked her parents, Tod Bassett and Barbara Bassett, who live on the same street as the residence to check on the home.
The suit states that the two were “shocked by the deplorable state of condition” they found and called the Aquinnah police to inspect the home. A few days later, they found two strangers unpacking groceries in the kitchen.
When Ms. Bassett returned to the Vineyard in May, the suit states, she discovered the physical damages were more extensive than her parents reported, and that she “independently made the highly disturbing discovery that her personal residence had been used during the leasehold for the commercial production of graphic pornography.”
The suit also states Ms. Bassett noticed that the defendants had used nearly every room of her house for their production, moving pieces of art to “aesthetically enhance scenes” and deliberately using decorative hand-sewn bedroom pillows designed by Ms. Bassett.
The suit claims that Ms. Bassett was left emotionally distressed by the incident and is now seeing a mental health therapist. She has left the home vacant ever since and says she is reluctant to rent out the residence long-term and to strangers again.
Federal court has jurisdiction over the case due to the asserted violation of the U.S. Copyright Act. Ms. Bassett, a professional artist, claims in the suit that artwork that was shown in the adult films were her personally-created artistic works. She requests statutory damages for their continued display in the for-profit films.
In letters from their lawyers filed in court, co-defendants Ms. Jensen and Mile High denied they were engaged in unfair or deceptive practices and declined to accede to any of Ms. Bassett’s monetary demands for relief.
In addition to damages, Ms. Bassett requests that TLA Entertainment Group, the company selling the adult films featuring Ms. Bassett’s residence, cease marketing and distributing the videos unless they secure proof of a rental agreement allowing for them to use the residence for commercial purposes.
Comments
There goes the neighborhood!
Wendy Whoppers CaliforniaThere goes the neighborhood!
This is clearly a frivolous
Bruce EdgartownThis is clearly a frivolous lawsuit. I am a trial lawyer by trade and will happily take his project on.
Don’t tenants have rights?
Kevin and Cody ObDon’t tenants have rights? Why are they snooping?
ACLU
Dean EdgartownACLU
This really saddens me. Who
Joe and Chris ChilmarkThis really saddens me. Who is Ms Bassett? Is she on Homeaway ? The gay community will boycott this behavior and Aquinnah will suffer with this homophonic behavior.
Is this really newsworthy..
Marcus Mike West TisburyIs this really newsworthy...seriously?
Human interest?
David Oak BluffsHuman interest?
Sounds like Ms Bassett is
MarthaSounds like Ms Bassett is bringing this on herself. If she's 'emotionally distressed' then why bring a big public lawsuit? Pornography is a genre of "FILM" that is protected by the first amendment. If they were filming a documentary or fashion shoot of new brand, would she be suing? Does she state explicitly that she does not allow renters to have sex in her home? Probably not. Is she more 'distressed' because it was gay and transgender porn? Homophobic?? Porn companies wouldn't have to mislead home rentals if they were not always discriminated against. Sure, deduct damages from the security deposit and move on with your life. A lengthy lawsuit is only going to put more stress both mentally and financially on you. Not a good idea. Move on.
Right out of "Law and Order"
A summer person From KansasRight out of "Law and Order"
Great eye for detail, carefully noting all the scenes and staging
The mental therapist to the rescue
Now back to the Steeamship Authority
For a moment, let’s put the
Heath widdiss Southborough/Aquinnah at heartFor a moment, let’s put the specifics of this tale aside and look at the facts. Miss Bassett rented her property as a residence, and not as a commercial space. As a result, it appears there is a clear violation of her standing agreement. The fact that the property was secured under false pretenses gives her the clear right to bring suit for breach of contract. And in response to a comment above, homophonic has to do with sound or music, not the activities which took place in Miss Bassett’s home. I see no violation of homophonic freedoms here.
I always suggest homeowners
Former Real Estate Professional MVI always suggest homeowners who rent their dwellings buy an inexpensive black light. They sell them at pet stores and online, allowing you to spot biological matter like cat urine in order to clean more effectively. It is best to review the property and your linens before human guests arrive and then upon departure. Photographic evidence of the before and after should provide plenty of proof in case of a legal dispute. You might find your most cherished guests are a bit more casual towards your possessions than you would guess! This technique should offer you plenty of peace of mind going forward, once you have identified the less welcome lodgers. I hope this helps home owners feel more comfortable about what is fundamentally a wonderful capitalistic pursuit!
I wonder if the lease was for
Mr B ChilmarkI wonder if the lease was for residential use only and forbade using the property for commercial purposes.
Good Point
MikeD WTGood Point
Maybe a clause stating that 'No commercial use of any sort including and explicitly those resulting financial gain to the tenant is allowed'
Sorry - No Bake sales, pay for BBQ's, Pay for cooked goods of any sort, Pay for parties, Repair your stuff adds, Pay for guided tours of the Island, Movie shorts of any type with out permission, etc...
Just sayin
I would be upset if it were pointed out to me that my residence and belongings were being shown in this context - a pornographic platform, or any other pay for platform.
Disgraceful, the tenant and agents associated with this should be should be blacklisted from future Island rentals unless they specifically note the intended use.
There is no place for that type of behavior in a residential neighborhood.
Do any children live in the neighborhood - probably - parents - how do you feel about it.
I agree, frivolous lawsuit.
Greg Livingood CTI agree, frivolous lawsuit. Did she state in the rental agreement it was not to be used for 'commercial' use? Would she be suing if a documentary was filmed there? Is there a clause saying 'no sex' in the house?
People, please lay off the
Josephine daSouza Oak BluffsPeople, please lay off the victim here. She is our neighbor and a life long islander! If you rented your home to someone to help them through the winter as a winter residential rental and returned to find not only that your house was trashed and your personal belongings locked in the "owner's closet" had been invaded, wouldn't you be devastated? Then, you come to find out your personal space and artwork has been plastered all over the web in porn videos taking advantage of your personal artwork in ways never intended? The house had been used for "commercial" purposes without permission. The violation is obvious! Burnt sage would not be enough to excise the demons nor would an Oedipal poking out of my eyes be enough to eradicate the images emblazoned in my mind! The tenant told her he was vacating. The house was found trashed after the tenant said he was out, yet, squatters who had no connection to the leasehold arrived and were living there within days! She was completely violated! Her attorney is zealously advocating for her finding numerable ways to recover for the damages. Would anyone knowing that porns had been staged there be interested in a family rental ... or even a purchase, should she be willing to part with her homestead? This gal is an Islander through and through, with family lines going back to the Colonial settlement of the island. Let's be supportive of her efforts and kind toward her very reasonable emotional revulsion. Please.....
Thank you Josephine for an
Larry S mvThank you Josephine for an actual thoughtful and logical response. We stand with the homeowner! Shame on shady porn producers! why not just rent a stage and dress it yourselves?
It’s not a frivolous lawsuit.
Not frivolous MainlandIt’s not a frivolous lawsuit. If they used her artwork in their movies, they owe her royalties. They’ll collect the royalties.
Frivolous? Not so fast. The
Walter MarylandFrivolous? Not so fast. The suit is in Federal Court and is for copyright infringement. "Federal court has jurisdiction over the case due to the asserted violation of the U.S. Copyright Act. Ms. Bassett, a professional artist, claims in the suit that artwork that was shown in the adult films were her personally-created artistic works." Her creative works were used in the movie(s) without her consent, and the movies are being sold for commercial gain. That is copyright infringement. No question about it. And if you rented your house to an individual, and they bring a movie production company and make a commercial movie in your house, is that not a clear misrepresentation and breach of contract relative to the original terms of the lease? Must the contract explicitly prohibit commercial use or explicitly allow only residential use?
Good post Walter! Depending
MF BostonGood post Walter! Depending on the nature of the art/representations, she should have a good case! Hit em where it hurts, the pocket book!
Lots of really ignorant
Hello Oak BluffsLots of really ignorant comments. So porno films on MV. No commercial permit, no town approval, no art work agreement, no owner consent, and you clam frivolous. This is not to mention a likely bad portrayal of our island that could effect tourism. The owner is completely justified and the county and state should be taking actions also. Lets see how this plays out in punitive damages.
Gee, I wonder how many charges this would bring in California.
I would probably feel as the
BethI would probably feel as the owner does - 100% violated and 1,000% grossed out. I would not feel the same in that home again and I can understand her mental anguish. This is stuff you can't foresee. I had renters once who WERE friends that damaged my home and continued to come and use the house as they pleased after they supposedly moved out (they didn't take their things) but because we were in another town we weren't aware and they knew that. The betrayal was hard to take given that we thought they were friends and that there was a certain level of respect and consideration between us. Hard lesson to learn and we choose to never see them again.
A location release and
John VAA location release and insurance is standard when shooting film, video or still photography on private property. Sounds like the "production company" did not secure a signed release or provide insurance -- for obvious reasons. Not sure about legal remedy, but hardly a frivolous matter. Curious that some people are so eager to defend these sleaze bags. Except for the trial lawyer -- that's self-explanatory.
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