A model for Genre magazine has filed a lawsuit against the publication and a photographer, alleging a series of “cruel and vulgar” photos printed in the publication without his permission have subjected him to unwanted advances and harassment from gay men.
The invasion of privacy lawsuit, filed recently in Manhattan Supreme Court by Benjamin Massing, 20, a microbiology major at the University of Central Florida, alleges he has been subjected to strangers “who solicit him for homosexual sex,” according to the New York Daily News.
The beefcake shot of him tugging on a snug pair of gray briefs also included contact information, including Massing's first name, where he lives, and ways to reach him online.
The model and aspiring actor alleges that Genre's March-April issue's photo spread, which is bordered by advertisements for sex toys, lubricants, and chat lines, has damaged his career.
According to the complaint, Massing says the pictures were for his private portfolio use, and he never expected photographer Richard Day to sell them to a magazine to make him look “lustful and sexually promiscuous,” according to the Daily News.
The rub for Massing: “He's not [gay],” said Liah Catanese, his attorney.
Additionally, the beefcake pictures of Massing have surfaced on websites for gay men, where readers make comments such as “Super sexy!” and “Love those hairy little legs … yummie.”
“It's definitely put him in a class where he's going to have difficulty obtaining contracts for family-related shows,' said lawyer Catanese in the Daily News.
During his modeling career, Massing has appeared, nearly in the buff, in an Abercrombie & Fitch catalogue. The model has also posed for a spread in Playgirl magazine in an issue highlighting eligible college men.
It is not clear whether or not Massing signed a release agreement with the photographer, allowing Day to use the photos. If the model did not sign one, then he may have a case regarding the pictures being used without permission. It is also not entirely clear whether the case is about the unauthorized use of the photographs or the publication of personal contact information, or both.
William P. Kapfer, vice president and publisher of Genre magazine, said he had not seen the lawsuit and therefore declined to comment.
— Chuck Colbert
Courtesy PressPassQ.com (www.presspassq.com)
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