Thanks for following up on this case, and thanks for including the photos to remind of us who Ben Massing is and what is at issue.

Does anyone have a link to the actual genre photo?

Also, I hope he doesn't sue Queerty.com for posting his pictures in this gay context so often.

If you didn't read the accompanying stories, you might just think he was gay and all that stuff he's got in his lawsuit.

Would the judge have the power to dismiss the case as frivolous and without merit, and to charge the petitioner to pay court courts for both himself and the defendant…? If so, I'll play :)

wouldn't that have to depend on the actual facts of the case? did he sign a model's release form?

the case for defamation is bogus on its face, but there may well be grounds for a suit (with different legal representation, one would think.)

This sounds like the lawyer going to the extremes to cover every base in order to win his payday. I bet this kid probably thought he was losing money when he saw someone using his image to sell their product, so he goes to a lawyer and the lawyer pulls out all the dirty tricks. I doubt at his young age he could think of all the angles mentioned in the lawsuit. This sounds like some money hungry lawyer telling his client "shut up and I'll do all the talking, just look sad".
We should be angry at the lawyer for making gay people look like sexual perverts, this lawyer knows who his jury will be.

Well, as a lawyer, and based on what I know thus far, I am still trying to figure out why he thinks he has a case. This is a question of contract law. If he signed the agreement, he's screwed. If he didn't , then even then he's got a big up hill battle for what he is claiming is the problem.

We'll say it again: opportunist, and user (of the most honest photographer in the business Rick Day). Playboy is FAR more sexually explicit than Genre. The title of the article he appears in is "…IT'S NOT ABOUT SEX….." So how was he defamed. It clearly states that the place Boulton placed him in the magazine "…AIN'T ABOUT SEX, IT'S ABOUT FAME…" And no lewd ads are even close to him, NOR as lewd as the ads in Playboy or NEXT MAGAZINE where he "…hangs out all of the time!" Girl, you just messed with the wrong community honey. It will be great fun blacklisting him NOT from being in a gay men's magazine, BUT for doing here what he plans to do.

I would rule "bitch, please" and throw the case out. Do gay guys get to sue magazines for depicting them as straight?

The actual copyright has become secondary. I don't know American law all that well, but I'd be tempted to countersue on account of his comments and defamation.

What the hell is with these straight models causing hell with gay mags or otherwise. ok, so your a straight male model, thats fine, while photographers may try to have their way with you, the general public, publications and websites are not forcing them to do anything. what they do have to do though is be freakin respectful to the gay community, just basic level respect that you should give anyone and would give people who have a say on your career. who do they think built male fashion into what it is today? and keeps it going? dumbasses need to learn their place, not be arrogant shits before they've even made it on the scene.

Personally, as a Gay guy who is, well, upwardly mobile, but not loud and vivacious (i.e. particularly queeny) I am so sick of the constant bashing that we are all either screaming queens or self ashamed closet cases that do nothing but drool over models and presume their sexuality… who actually cares if he's gay or not? male models are somewhat sexually picky anyway so i doubt it really being an issue… if he wants to do well in the industry then he needs to take what he can get, and know that gay men control the industry. grow a pair, have his pics in some gay mags and be ok with the fact that men are a good half of their target demographic… or get out of the freakin modelling industry. plain and simple.

Lets see, the kid is smart enough to major in bio-sciences in college, he claims a 200k income and now we are gonna blame all this on his attorney? If I was an attorney and I had a client come to me and say sue somebody I would probably figure out anyway I could make that happen. After all, thats how they make there money. This girl is just pissed because he looks gay and everybody
that sees him thinks he is. He needs to fight this battle on his insides, because no matter what happens on the outside it is not going to change whats really bugging him, whats between his ears.

model PLEASE!

This is all pretty stupid. I imagine the only reason he is upset is because someone/friends is/are giving him a hard time over it for whatever reason…especially that homophobic one.

My straight brother has modeled for Instinct Mag and even before he was featured in the spread, gay men would flirt with him — a majority of the agencies are in SoHo, a lot of the agencies employees are gay, and my bro is an attractive guy — it happens. As I witnessed a bit of it, it was all pretty innocent/professional, and he was mature enough to take it in stride and use the compliments for networking opportunities AS MODELING IS HIS LIVELIHOOD.

Not to say that my bro is a messiah for being cool with my people, but reading this article makes me appreciate that he isn't an intolerant, insecure dipshit like this guy at minimum appears to be.

He can kiss his modeling career goodbye.

The case, in reality, should come down to whether or not Genre had the right to use his picture. If they paid for it, then the issue is between him and his management company. If they didn't then they should pay him now. If he is only suing because he thinks appearing in a gay magazine will hurt his career then he has a no win case. It would be like suing Ebony Magazine saying that appearing in there was going to hurt his career. It's a stupid line of argument, especially coming from a male model. I mean lets get real, most parents would rather raise a gay son with brains and a good job over raising a straight son that grew up to be a model.

Baby, you're a MODEL. Just be glad that you're getting work and that we (the gays) allowed you to be in one of our magazines. Really, you should be flattered…

sure glad none of above not on the bench, I know fags are an anything goes crowed (see ADS) but when it comes to someone elses rights its oh no you have no rights…hope he wins enough to put the rag out of business.

No gay man in fashion or any form of entertainment will ever work with him again. His lawyer smacks of "ambulance chaser." Additionally, I want him to prove his income went from $200,000 to zero in no time at all. Who in modeling would say, "I can't use him because he's gay." There are many openly gay models that make far more than $200,000 a year. Who was smoking what when they concocted this scam.

Honey, if you want to get paid for showing off your body, you don't get to decide who gets to look at it. Take it or leave it, you whiny little bitch.

I heard he's only like 5'3 or 5'5.. is that true? can anyone confirm his true height??

"I heard he's only like 5'3 or 5'5.. is that true? can anyone confirm his true height??"

He's about 5'7 (cuz I know him and he's about my height)

This is hilarious. That guy is a jerkoff, this lawsuit only proves it. And yes, he's short. Short.

He's going to be a doctor, an actor, and a world class fashion model. In my sparetime I'm an astronaut, a ninja, and president of my own country. Oh, and I make 1 zillion dollars a year.

Well if he did not sign a release, and the photographer and the mag used his photos without his consent, then they are liable.

What's the lastest news about Bengay Massing? is he missing?

IM A GAY MAN .
IM A PHOTOGRAPHER AND WORK WITH VOGUE TO ID AND EVERY ONE OF MY CLEINTS GET A MODEL RELEASE FROM ME ALWAYS.

I JUST SPOKE TO HIM TODAY AND 5.10

BEING IN A GAY MAGAZINE IS SOMETHING SOME ONE SHOULD BE ASKED SINCE ITS ABOUT A LIFE STYLE.

IMAGES ARE TAKEN WITH RESPECT OF THE MODEL AND MODELS GIVE TRUST TO THE PHOTOGRAPHER TO PROTECT THE IMAGES AND THE IMAGE OF THE PERSON .

ONCE WE LOSE THE RESPECT OF THE SUBJECT WE MIGHT AS WELL SHOOT FOR OK AND TABLIOD MAGAZNES

IF THIS WAS A TOP MODEL THAT WAS SHOT OR A HOT YOUNG ACTOR IN HOLLYWOOD
WOULD A TOP MODEL / OR TOP AGENT IN HOLLYWOOD BE OK WITH THIS .

NO

AND WITH OUT A MODEL RELEASE

ITS THE PHOTOGRAPHER AND THE MAGAZINE RESPONSIBLITY TO HAVE THE OK PROPER DOCUMENT AND MODEL RELEASE.

IF THERE WAS ONE THIS WOULD NOT BE HAPPENING.

WE AS GAY MEN SHOULD WANT PEOPLE IN THE MAGAZINE THAT ARE GAY OR PROUD OR OK WITH BEING IN A GAY PUBILCATION

Nah, he is a stupid stuck up Republican!!! He wants to get through college the easiest way he can. Dropped out to persue a moddling career in NYC and his parents paid the whole thing. He doesn't make $200,000, that is a bold face lie trying to scam people into thinking he acutally makes money "modeling" or "acting". His is nothing but a poser!!!