Anyone friends with Andy McFarland?

[glamourpics]

Some thoughts:

The use described doesn't come close to the "fair use" exemption from infringement. In addition, to the normal factors, the apparent malicious intent speaks against fair use. It is also the sort of factor which would make a court more inclined to be 'firm' with him in a copyright suit. The existence of the copyright notices on the photos also puts the person at issue in a bad light.

Depending on the way the initial model release/contract was done, the girl herself might be able to go after the person at issue, if she felt like it. Applicable "right of publicity" law would be California Civil Code 3344 and similar statutes in other states. 3344 Was raised, not too long ago, to automatic ("statutory") penalties of at least $1,500 per image/usage, plus attorney's fees.

"Borrowing" photos in this way, especially if he was as some of our colleagues believe, doing it to badmouth the girl, is really a sad way to act, and makes him look bad. And makes him weeping and broke, too, if either Mr. M. or the model went after him.