Source: Casey's Attorney Marketing Photos To Media

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Wow, an article was just written regarding this. Thank you so much for the info! Your another smart WB cookie!:blowkiss:

Holy cow.........considering I didn't see that article before I wrote the post........I can proudly say........I would have written it for free. HeeHee

Thanks for the compliment.
 
NTS....hopefully this will explain it a little. There is a term used by journalists and media...."checkbook journalism". It refers to media paying people to tell a story. While there are some limitations (depending on State) to what is an acceptable fee, it is not so much a matter of legality but of ethics. Now the ethical issue is not my term...it is the concern of all media. Concerns are raised by independent organizations that demand a level playing field in News reporting.

Here is a snip to illustrate my statement.....
The Society of Professional Journalists is scolding NBC News for buying its "exclusive" interview with David Goldman—the father of that Brazilian kid—by chartering a jet to fly father, son, and NBC reporter back to the U.S. Shocking, indeed. http://gawker.com/5436360/checkbook-journalism-a-users-guide

Media, journalists, networks, etc.... publicly oppose "paying for a story, or an interview, or an exclusive". It is considered by their own, to be unethical. However, efforts to get the "story" or the "exclusive" or the "first right of refusal" often require an incentive.

It has become a common practice for media to pay licensing fees" for photos / videos and other tangible supporting documentation used in reporting the story. That way, they can show that the money paid was for a legitimate purpose and not for the story itself.

Now........the issue with photo and image licensing in and of itself should be a non-issue. A photographer licenses his photos to others for use in print and video. A company can't just google an image and use it in their ad......they have to pay for it. There are fees that are high based upon use, there are fees that are small.....but photo licensing is a common practice.

As an example .....a photo that I take (while good, not professional grade) will only be marketable if connected to an extraordinary event. A photo by a professional photographer will garner MUCH more in terms of fees because it is....professional.

There is a huge discrepancy in what media is paying for photos under the guise of "licensing" when that same photo uploaded to Corbis (as an example) would fetch FAR less.

My point is......the licensing fees themselves are not really the issue IMO.
The real issue is the media's willingness to pay far above market value for a photo that ordinarily would garner little or no $ if sold independently.

The licensing fees have become, in essence, the cover for checkbook journalism......I do not hold ABC in this case any more liable than NBC in the Goldman case. BUT....IMO both are demonstrating the same thing.

Does that make sense???

Now....the fact that JB brokered the deal IS an issue because by virtue of HIM brokering the money......he has no incentive to work beyond the point where the money runs out. THAT does NOT serve his client's best interests. You are very supportive of her best interests from your posts. His actions do not demonstrate his support to anything more than the paycheck.

Thank you for that explanation. So he has not broken the law, nor has Kc. Now that the money from the Pictures are used up, he is offering to work pro bono for Kc. I think that does serve his clients best interest. He has also assembled a good team. Good Job, jb imo
 
AZlawyer I have a question about the $200,000. paid to Casey. Since that is income does she have to pay Income Tax on that $200,000.?? What about the other $75,000. she received?

Thanks for answering.
 
AZlawyer I have a question about the $200,000. paid to Casey. Since that is income does she have to pay Income Tax on that $200,000.?? What about the other $75,000. she received?

Thanks for answering.

I'm not a tax lawyer, but I can't think of any reason she wouldn't have to pay taxes on that income.
 
I'm not a tax lawyer, but I can't think of any reason she wouldn't have to pay taxes on that income.

Can I ask why not? She sold a product. If I sell a product in that amount I'd have to pay tax since it would be income. If a person wins a prize they have to pay tax. Just confused. Thanks so much for replying.

SORRY I MISREAD WHAT YOU SAID I THINK. ARE YOU SAYING YOU THINK SHE WOULD HAVE TO PAY?
 
Can I ask why not? She sold a product. If I sell a product in that amount I'd have to pay tax since it would be income. If a person wins a prize they have to pay tax. Just confused. Thanks so much fro replying.

SORRY I MISREAD WHAT YOU SAID I THINK. ARE YOU SAYING YOU WOULD THINK SHE WOULD HAVE TO PAY?

Yeah, maybe, your right. Rummage sale tax? I mean these are used items. So, 6 Percent? 12000.00? but then again, that may mean she technically worked for Disney who owns ABC. Just kidding but technically isn't Disney world right next to Universal? Maybe she did work in 2008 afterall?
 
It's not the law JB has to worry about, it's Bar Association I would think. If what ABC said is true....JB cannot broker a deal for his client. If what ABC said is true and JB did broker a deal and swore under oath that he did not......than that I believe is against the law. Don't think ABC wants to get in hot water over this. They will spill the beans if this is true. The fact that there is a new DP attorney on board who apparently has taken over the lead chair may not be looking good for for JB. When you've spent over $200,000 on a case and have not done depos, expert examinations, etc. but have paid yourself a handsome fee while others are expected to work for nothing, well, let's hope JB feels it was worth it....JMO
 
Thank you for that explanation. So he has not broken the law, nor has Kc. Now that the money from the Pictures are used up, he is offering to work pro bono for Kc. I think that does serve his clients best interest. He has also assembled a good team. Good Job, jb imo

This is the part that for now is a bit of a grey area. It is not illegal for an attorney to broker a deal for a client. It is not illegal for a defendant in a murder case to sell images of the victim to fund their defense. It is not illegal to pay for aforementioned images. It is not illegal to transfer ownership or rights to photos / videos etc.... to another for the purpose of sale. It is not illegal to use funds received for a defense fund.

IT IS however, a breach in the attorney's fiduciary responsibility to the client to engage in both facilitating the deal AND representing them. The attorney can then be measured by their actions on behalf of the client against the available funds. JB.....IMO......set himself up in this situation. An ethical attorney would have referred KC to another independent attorney and moved on from that point.

In the absence of documents, I'll theorize that another lawyer at his firm signed the docs.....JB stated as much in camera, but that he did all the talking so in essence acted as broker. MOO
 
What particularly concerns many people as well is that we have never heard of a case in which memorabilia from the deceased would pay for the defense of her accused killer. That is just beyond bad taste to most folks.

I guess it would be similar to if Rodney Alcala, the accused serial killer and amateur photographer, had auctioned off the photos found recently in a storage locker, many of which may be connected to other missing people, in order to pay for his defense.

I realize that there are not many cases in which the victim and the defendant are of the same family, but it would just strike people as tacky that someone accused of murder would sell images of the person they were accused of murdering, or that anyone would sanction it, particularly other members of the family. After all, the state of FL doesn't insist you pay for your own defense.
 
Thank you for that explanation. So he has not broken the law, nor has Kc. Now that the money from the Pictures are used up, he is offering to work pro bono for Kc. I think that does serve his clients best interest. He has also assembled a good team. Good Job, jb imo

Let me make sure that I understand what it is that you are saying NTS...

In your opinion JB or KC did not break the law by selling and profiting from the sell of pictures of her deceased child, that she is accused of killing? While it might be proven that it was indeed not against the law, in my opinion it is unethical, if not be legal standards, definitely by society's standards.

I want to use an example to make my point. If I remember correctly when we were discussing the police officer's behavior when they were questioning Casey at Universal, your opinion was that she was being intimidated and treated poorly and I got the impression you did not agree with their actions. Well, everything they did was "legal" but there may be a problem with it being admissible because of the belief that she was going to be arrested and failure to give her miranda. Now, though, you would like everyone to accept and you even give JB credit for doing something, while legal, is questionable ethically. Just because something is legal doesn't mean you should do it or even that it is acceptable.

I completely respect and understand that you do not interpret the evidence as many here do. While I don't always agree with your opinion, I seldom post a response. But it confuses me when you accept behavior or defend behavior from JB or others that you would criticize or disagree with should it come from the SA's office.

I am interested to see the accounting of the monies spent as it seems the disclosures and affidavit do not match the amount of money that Baez says the defense has received.
 
It's not the law JB has to worry about, it's Bar Association I would think. If what ABC said is true....JB cannot broker a deal for his client. If what ABC said is true and JB did broker a deal and swore under oath that he did not......than that I believe is against the law. Don't think ABC wants to get in hot water over this. They will spill the beans if this is true. The fact that there is a new DP attorney on board who apparently has taken over the lead chair may not be looking good for for JB. When you've spent over $200,000 on a case and have not done depos, expert examinations, etc. but have paid yourself a handsome fee while others are expected to work for nothing, well, let's hope JB feels it was worth it....JMO

Yeah I would think JB has a HUGE legal/ethical issue here. I mean by him being directly involved in and being paid from the deals brokered with media outlets, it starts to raise questions about who's interests he has been serving? All of these publicity stunts, public interviews and outrageous statements that keep him and his client in the news, and run her up from a rather horrific local murder story into the most hated woman in America... the "Tot Mom!" Has any of that been in his clients interests legally, or in his interest to insure a payday? Is this not why criminal lawyers cannot be paid by contingency fees or agreement in Florida? Why they have to be paid up front? To insure that the lawyers interests do not come in conflict with or supercede the clients? Could this entire deal with ABC not be viewed as some form of "contigency fee"?

As far as illegal? probably not. But dancing close to that whole contigency thing. About the only place where any of them may be in trouble might involve statements before the court when the SA questioned the funding months ago.

And here's the other sad thing. Yeah, the Son of Sam type laws prevent the convicted criminal from profiting from their story or victim, and yeah the laws never really allowed for the 24 hour tabloid news cycle and the internet as means of instantly selling ones story. But here's the real kicker. Most of those laws simply redistribute any such profits to the next of kin of the victim. In this case it means KC pre conviction. And even if some action could be taken post conviction to reclaim those funds, the ones who would be doing so, would be George and Cindy. So no matter how you slice it the money stays where it has gone.
 
What particularly concerns many people as well is that we have never heard of a case in which memorabilia from the deceased would pay for the defense of her accused killer. That is just beyond bad taste to most folks.

I guess it would be similar to if Rodney Alcala, the accused serial killer and amateur photographer, had auctioned off the photos found recently in a storage locker, many of which may be connected to other missing people, in order to pay for his defense.

I realize that there are not many cases in which the victim and the defendant are of the same family, but it would just strike people as tacky that someone accused of murder would sell images of the person they were accused of murdering, or that anyone would sanction it, particularly other members of the family. After all, the state of FL doesn't insist you pay for your own defense.
Great point Cecy. Even Susan Smith and Diane Downs didn't sell items (pictures/videos) of their deceased children to raise money for their defense...as low as these "women" are, they didn't sink to that level.
 
I hate to burst anyones bubble. But she has not made any profit.

The only ones who will be profiting, are the ones who would have profited anyway. Which would be her lawyers, their staff, etc. They would be paid no matter what. Our Dime or ABC's Dime.

The only difference is, that ABC didn't get the photo's for free, they had to pay for them. ABC is in the business to make money and they have made money off this story. They and all the other news media.

I believe it's right that they should pitch in and help pay for this 'entertainment news.'

The real issue is if the money was spent well, or wasted. After the money was spent, it seems like they haven't even started. NOTHING to show for the time and money. If the lawyer fees were FREE... Hmmm...

That all said, Grand - Ma and Grand Pa have gotten some free rides from the Death of their Grand Baby. They have not worked since they found out she died and have ridden her death for all it's worth. THAT is who has profited from her Death.

And possibly JB MIGHT have. No way to know until we see the accounting. But it's expected that he and his staff should get paid for their work. But there is such a thing as 'Milking the Clock."

I agree with your post. Actually , I think it did quite some character damage to KC that a jury will not forget. JB did not do her any favors.The only benefactors are JB and cohorts. Besides ABC did save Fla some money. Without the ABC deal, KC would have been declared indigent many moons ago.
Only if KC is acquitted , could she make money of her notoriety.
 
Great point Cecy. Even Susan Smith and Diane Downs didn't sell items (pictures/videos) of their deceased children to raise money for their defense...as low as these "women" are, they didn't sink to that level.

Can any of this be brought up at trial? Or, is it too prejudicial?
 
JBean - For me, personally, it is not percieved guilt. It's selling pictures of a dead person in order to help yourself. If I loved somebody, and they died, I couldn't even think about brokering contracts and setting up my future. That's just me though.

Thank you! I'm glad someone else feels the same why I do!
 
If KC were not able to get out on bond, would she still have been able to get those pictures to ABC? KC had to be out of jail when the deal went through otherwise it clearly would have looked like JB did, in fact, broker the deal. JMO

That's a good question. Wonder if she violated the terms of her probation in any way by doing so?
 
Help me out here. Not trying to be snarky. Just want to know where your coming from on this. Why would Abc news disclose their own trade secrets? or any other network for that matter? Is it against the law for Kc to sell her family photos to ABC? Or anyone else for that matter? Is it against the law for ABC to buy Kc family pictures? What is wrong with Jb helping Kc make this transaction to help pay for her defense? Is that somehow against the law? These are laws that I have not heard of.

I see nothing wrong with it
. If someone wants to give me 200 thousand dollars for my family photos right now, I will sell them in a New York minute.

I just don't get it. I don't see anything unethical or illegal here at all. Just a defense trying to raise money to support their belief. IMO

BBM For a DEAD, MURDERED baby? Well if that's not immoral or unethical I don't know what is. And if not illegal, it ought to be!
 
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