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 © 2025 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

NATS Launches Integrated Content Management System

Too Much Media (TMM) has rolled out an integrated, no-charge Content Management System (CMS) to its NATS platform.

AEBN Reveals Avery Lust as Top Trans Star for Q3 of 2025

AEBN has published its top trans stars list for the third quarter of 2025, with Avery Lust landing atop the leaderboard.

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Reena Sky Launches New Paysite

Reena Sky has launched her new official paysite, ILoveReenaSky.com.

NextGen Payment Joins ASACP as Corporate Sponsor

NextGen Payment has signed on as the latest corporate sponsor for the Association of Sites Advocating Child Protection (ASACP).

Lauren Phillips, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2025

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

XBIZ 2026 Conference to Debut All-New Company Lounges, Community Track

The event website for XBIZ 2026 is now live, unveiling details for North America’s largest adult industry conference, including two all-new show features: Company Lounges and a Community Track.

Mymember.site Integrates VR Functionality

Mymember.site has added virtual reality playback capability to its website management platform.

Texas Patti to Launch Fetish Platform 'EmpireDom'

Performer and content creator Texas Patti is launching a new platform for doms and fetish creators, EmpireDom.com.

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Show More