MEMORANDUM

TO: Junior Associates N-Z

FROM: Senior Partner Goering and Senior Associate Stromberg

RE: Representation of TVX, Inc. and Robert Augustus Burge

DATE: September 6, 2007

Yesterday I met with a new client, Robert Augustus Burge. He and his affiliated businesses have retained us to represent them in defending against Florida state law claims filed by Lara Jade, Coton a young English photographer. Her complaint alleges that our clients have misappropriated her likeness and have portrayed her in a false light. For more details about her claims, please refer to the Complaint recently served on our clients.

Ms. Coton lives in England. She is admittedly a very talented young photographer. Some years ago she apparently posted a rather charming photograph of herself on Facebook. Since then, she has developed her own internet website to market her photography. For someone so young, she is already quite successful.

Our clients got the photograph off the internet by downloading Ms. Coton’s picture from her Facebook page. They contend that the photo was in the public domain. When they found and downloaded the photo, there was nothing on the plaintiff’s Facebook page prohibiting viewers from using or downloading the photograph, and they did not alter or edit the photo in any way. As far as our clients know, Ms. Coton had no reason to expect that the photo would not be distributed or republished elsewhere by those who happened to view her Facebook page.

Our clients readily told me that they have used the photograph to promote the distribution of a DVD under the title “Body Magic” containing what they characterize as “artistically sensual” images. The defendants have printed her image on the DVD itself and also on its packaging. While our clients used her image for that limited purpose without her express authorization, they understandably assumed they could do so because she voluntarily posted her photograph on Facebook. Her complaint alleges that our clients are using her photo without her consent to promote “pornography,” which she believes casts her in a false light.

Ms. Coton wants money damages from our clients, including punitive damages. She also wants the court to issue an injunction ordering our clients to stop using her image to promote the “Body Magic” DVD.

We need to immediately assess the likelihood that the plaintiff will prevail in federal district court on any of her claims against our clients. If she is likely to win on any of them, we may want to consider entering into immediate settlement negotiations to avoid undue litigation expense. At this point, you may assume that the essential facts

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alleged in her complaint are not in dispute. You may also assume that the federal district court in Florida has proper diversity jurisdiction as well as personal jurisdiction over both our clients.

We anticipate arguing that the plaintiff cannot prevail because she waived any right to privacy she may have originally had in the photo when, as a minor, she voluntarily posted her image on Facebook. We also plan to dispute her claim that the use of her photograph depicts her in a false light, especially because neither the photograph in question nor any other image of her is displayed on the video contents of the DVD itself – only on the label and the packaging.

I have attached copies of the relevant Florida statute and all the other research materials you will need. Please limit your research to these materials. Do not look up any other legal authority or background information. You may consult a law dictionary to ensure you understand any unfamiliar terms. Also, you may consult the websites identified in the complaint to learn more background information on the plaintiff and her website photography business. You may not look up any other legal authorities, whether in print or online, and you may not investigate any other facts regarding the plaintiff or her claims.

After carefully reviewing the attached legal authorities, please write a short office memo addressing the appropriate issue or issues of law. Your memo should follow the standard format for office memoranda discussed in the Edwards text, including the appropriate headings. Please double-space your memo using 12-point Times New Roman font, and please use at least one-inch margins on all four sides. Include page numbers at the bottom center of each page (except the first), and be sure to include your name and your section in your heading.

Your completed memo should be approximately 6-8 pages in length. I will not read past the eighth page, so be sure you include all required memo components within that overall page limit. Your final memo is due on or before Thursday, September 20, at 5:00 p.m.

In preparing your office memo, please cite cases and statutes consistent with the ALWD citation manual. While I expect you to make a reasonable effort to accurately cite your authorities, the precise form of your citations will not affect your grade on this assignment. You are expected to demonstrate that you understand when you should cite legal authority to support a statement in your memo.

You may discuss the research materials and your analysis with other students in

Sections A3 and B2 who are working on the same closed memo assignment. However, you may not discuss the assignment or any of the materials with anyone else – including other law students, lawyers, parents, roommates, or significant others. Furthermore, you may not show your written work to anyone, including your classmates. Writing, revising, editing, and proofreading of your memo must be done by you alone. Any departure from these requirements, however minor in

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nature, will be considered a violation of the Washburn School of Law Honor Code and will be treated accordingly.

Before you begin your work on this assignment, I expect you to carefully review the Washburn University School of Law Honor Code. If at any time you have any questions about what is considered permissible conduct, please contact me immediately by telephone, in person, or by email.

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