Topheavy Studios Inc. v. Doe

Jane Doe was one of a group of 17-year-old girls who participated in a raunchy spring-break contest that Topheavy Studios, Inc. (defendant) filmed for a video game called “The Guy Game.” Topheavy’s CEO Jeff Spangenburg said the company knew minors might be present and instituted several protocols to prevent them from participating. Concern over fake IDs prompted Topheavy to hire people to check IDs at the contest and afterward. Participants had to present ID showing they were over eighteen and sign a release form consenting to Topheavy using the footage. Doe presented a fake ID that falsely showed she was over eighteen and signed the form. Spangenburg said if there was any doubt about a contestant’s age, Topheavy did not use that contestant. But despite suspicious irregularities in her identification card and release, Topheavy allowed Doe to participate. Spangenburg claimed that if he had known about the irregularities, he would have attempted to verify Doe’s information, but Doe’s information was not verified because she did not look or act as young as 17. When Topheavy released the video game, Doe sued for invasion of privacy and misappropriating her likeness. The trial court temporarily enjoined the game’s release while the lawsuit proceeded. Topheavy appealed, asking the court to dissolve the injunction on the ground that Doe consented to Topheavy using the footage. Doe countered that her consent was voidable because she was a minor when she signed it.