Court Hearing Set for Falcon Foto’s Copyright Suit Against ICG

LOS ANGELES — A court hearing has been set for Nov. 29 to consider Internet Commerce Group’s motion to dismiss Falcon Foto’s copyright infringement complaint.

Falcon Foto filed suit Aug. 30 at U.S. District Court in Los Angeles, claiming that Internet Commerce Group, which operates CelebrityCash, XXXCash, MaleStars, MaleCelebs, MaleCelebrities, ICelebonline, XAhead and CelebrityCashRocks, infringed on its copyright and violated its rights of privacy by copying, publishing, distributing, selling and publicly displaying Falcon Foto’s copyrighted works on its websites.

"In my opinion websites that display stolen material are nothing more then online fencing operations run by electronic shoplifters," Falcon Foto's President Jason Tucker told XBIZ.

"Pirates use the proceeds of their criminal actions to defend against legitimate cases from the studios who had to expend the resources to produce the material. This is the unfortunate reality of what all studios are now facing. The recent success of the Content Protection Retreat lead by Pink Visual and the FSC is proof that we have all had enough."

The suit said the copyrighted works at issue consist of four adult-themed photographs and five adult-themed videos of actor Tom Sizemore, including his sex tape.

“Defendant ICG used, and continues to use, Sizemore’s name, likeness, image and persona to promote and market the defendant’s domains and the defendant’s affiliate marketing program and to generate traffic, customers and revenue via the affiliate marketing program,” the suit said.

Internet Commerce Group filed a motion to dismiss Monday arguing that the invasion of privacy claims “allege some facts in common with plaintiff’s copyright claims” and that “the appropriation claims are wholly preempted by the Copyright Act.”

Falcon Foto, in a filing opposing the motion to dismiss, said “a right of publicity claim is not preemptive where the claim contains elements that are ‘different in kind’ from copyright infringement.”

Falcon Foto seeks that the defendants be enjoined from infringing on its copyrighted works, damages of up to $150,000 for each work infringed and attorneys fees.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Blake Blossom, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2025

AEBN has revealed its most popular performers in straight and gay theaters for the fourth quarter of 2025.

Adult Time Renews Silver Sponsorship for Pineapple Support

Adult Time has renewed its sponsorship of Pineapple Support at the Silver level.

Pornhub to Block UK Users Without Accounts Starting Feb. 2

Pornhub parent company Aylo will block access to its free video-sharing platforms in the United Kingdom starting Feb. 2 unless users have already set up accounts prior to that date, the company announced Tuesday.

Aylo Wins Another Major Piracy Lawsuit

For the second time in recent weeks, Pornhub parent company Aylo has prevailed in a copyright infringement case against sites pirating its content.

FSC Supports OpenAge Initiative and Adoption of AgeKeys for User-Centric Age Assurance

The Free Speech Coalition (FSC) announced today that it will support the OpenAge Initiative and its AgeKey cryptographic age assurance solution.

SWR Data Publishes 2026 'Hot List' Report

Adult industry market research outfit SWR Data has published its 2026 Hot List report on the top creator platforms of 2025.

Adult Chat Platform Arousr Sets Human-Only Host Policy

Adult chat platform Arousr has announced a policy to only use verified human hosts, not chatbots.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

SinfulX AI to Roll Out New Video Generator

AI companion platform SinfulX AI is launching an upgraded video generator in February.

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Show More