XY Boytoy All Grown Up & Having Legal Regrets Now that He’s on MTV

Several blogs have received notices from Bryan J. Freedman, an attorney claiming to represent actor Colton Haynes, threatening legal action if they do not remove the “private, obscene, lewd and pornographic photographs” of Haynes kissing another guy—images he took as a minor for the March 2006 issue of gay photo mag XY. This wouldn’t have anything to do with the fact that Haynes’s new MTV show Teen Wolf is debuting this weekend, would it? We would say Haynes is pulling a Dustin Zito, except for the fact that Haynes’ pictures aren’t even remotely pornographic or private. The teen wolf has apparently hired a teen lawyer.

You remember Dustin Zito. Right before his appearance on the Real World: Las Vegas (The Search for More Ratings), the gay porn studio where he used to wank off made a sad attempt to remove his gay porn images from the innernets. We still have SFW versions of those images, but the XY pictures of Haynes don’t feature any sex or nudity at all; they just show Haynes swapping spit with another guy.

Also, if these so-called “private” pics ran in XY magazine (which had a pretty high circulation in its heyday), then they fall under First Amendment protections of Fair Use. That’s why we’re posting some of them here for you in our handy gallery. That’s only the iceberg tip of the fishiness surrounding this lawyer. But if you wanna know about that you’ll have to read the whole sordid tale over at DoorQ, the site where we got the above image.

UPDATE: We removed the two hi-res images at the photographer’s request.

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  • Cam

    The major point here should be that Hollywood is so homophobic, that these folks are acting like they are pictures of him shooting up drugs, abusing animals, or beating up old ladies.

    If these pictures had been of him with a woman, do you think that…

    1. ANYBODY at his studio would care?


    2. That they would eVERY describe them as Pornographic!?

  • angelio

    I agree
    Hollywood is full of nothing but a bunch of hypocrites who say that they are liberl bla bla bla when in reality they have been promoting racism and homophobia forever

    its time for people to wake up and BOYCOTT HOLLYWOOD

  • Zeus

    Teen Peen

  • James

    Hollywood is a business and they don’t think gay movies or tv sells.

  • Cam


    No James, they CLAIM that is what they think…

    However, lets look at the facts.

    Brokeback mountain made more money than Scream.

    Yet for the next decade we were treated to several Scream Sequals, as well as MULTIPLE copy cat movies. And yet not one major studio release of a gay movie. Why not? Brokeback made more money.

    Will and Grace ran for a very long time, Modern Family is doing very well etc…

    They know that gay films and TV can make money, they are just homophobic bigots. This is the same group of people that still think showing and interactial couple is “Controversial”

  • Jody Wheeler

    Hey there. I run DoorQ.Com. Thanks for picking up the story and running with it.

    DoorQ.Com crashed under the server load. We’re moving server companies and should be back up later tonight. I’ll probably post the whole letter, too.

  • deurker

    these twinkie dinkies do nothing for me. to each is own…

  • IAbuseGays

    @Cam: Not just Brokeback Mountain. Let’s look at top grossing gay movies, and the cost to make them (where I could find the later number) over the last 15 years:

    The Birdcage
    185 mil in Box office

    Brokeback Mountain
    178 mil Box Office
    $14 mil budget

    $50 mil Box Office
    $20 mil budget

    The Kids Are Alright
    $25 mil Box office
    $4 mil Budget

    In and Out
    $63 mil

    There are a plethora of other movies with strong supporting gay characters that have performed really well.

    One thing about Hollywood is that it’s not just homophobic, but also conservative. Years after African-American movies were proving their box office pull, they industry was still not playing them.

    And, think about the Latino and Asian populations in the country versus what gets scene on the screen.

  • Josh in OR

    Either this lawyer didn’t do his research before threatening people, or he’s not really a lawyer and is instead, an agent or rep of Mr. Haynes trying to intimidate people into submission. I bought that issue when it was on the stands, and there’s nothing pornographic OR private about the shoot. Don’t fall for the BS routine, because we all know there’s no case here that would stand up in any court of law.

  • HG

    Smells like a publicity stunt to promote a new show, star, & MTV.

  • hyhybt

    Of course there’s nothing pornographic. For starters, if I’m reading this right, he was underage when the photos were taken, yet they’ve been widely available for years with nobody in jail over it.

  • Chip

    Lawyers are just paid liars. These photos are, as you say, not remotely pornographic, private or obscene.

  • John

    This is news?

  • B

    “then they fall under First Amendment protections of Fair Use.”

    Could QUEERTY writers do a bit more editing?

    There is no “First Amendment” protections for “Fair Use”: “Fair Use” is a term used in copyright law. The First Amendment does not give you the right to copy a book verbatim and distribute all the copies you want – that right belongs to the owner of the copyright (e.g., the author). Copyright law does, however, allows you to quote something for purposes of commenting on it, so someone writing a book review can quote a few sentences from a book as an example.

  • Art Smith

    Ugh these Hollywood Closet Cases or in the case of this guy- actors who want to go back into the closet because of their “career” are pathetic and do not deserve our respect or sympathy at all.

    The reason you have lots of deeply closeted bisexual and gay male actors and celebrities are because of the openly gay and bisexual directors, press and talent agents who tell these actors, “If you come out your TV/movie career will FAIL!”

    Not true, just look at Carey Grant he was openly bisexual in the 1950s and he did just fine.

    Then you have the studio staff the writers and everyone who works in the studio actually defending these pathetic closet cases.

    Hollywood and the entertainment industry are not that liberal of a business at all, and yes it’s true that they do promote bisexual and gay actors staying in the closet.

    Oh those *poor* closeted bisexual and gay male actors and celebrities! Give me a break, if teens and young adults can come out to their families and friends risking alienation, violence, being kicked out of home, and even people in countries such as Iran and other parts of the middle east and Jamaica and the Carribean whose lives really are in danger if they come out as bisexual or gay can come out, so can these pathetic closeted actors and celebrities.

    @deurker I agree.

  • Jeffree

    This is much ado about nada. Since when is kissing considered “lewd” or “pornographic” or proof of latent / full-blown / accidental gayishness? Kisses happen.

    He ‘s an actor, not a candidate for the Supreme Court or King of the Mormons.
    — — — —
    @B : Is that really you? I’ve looked high & low for you & some other old faves here on Queerty 2.0. I’d assumed you’d joined a cult, succumbed to Pam’s Blender, or entered a witness protection program. (I was pretty sure you hadn’t been raptured, though.) Welcome back.

  • Right Wingers Are Socioptahs (John From England)

    No news here. Queerty still thinks it’s edgy and cool by being the only gay site that picks on gay people before homophobes!

    Yeah, so snarky! The new Queerty is so…..much like the old?

  • Cam

    @Right Wingers Are Socioptahs (John From England): said…

    “No news here. Queerty still thinks it’s edgy and cool by being the only gay site that picks on gay people before homophobes!”

    Actually having a lawyer refer to some pictures of him sharing a kiss with another guy as “Pornographic” sounds not only homophobic to me, but it exposes the rampant homophobia in the entertainment industry that would force the actor to be terrified of pictures like these.

  • ronbo

    I like queerty, it’s why I log-in. If you can only criticize, start your own blog, “whines with my cheeses”.

  • wolfie

    Marketing genius! MTV has gotten the buzz out about their new show “Gay Teen Wolf”. duh…

  • Marc D'Urso

    Does anyone else remember both Haynes and the other guy in those photos having a strong MySpace presence back in the day? They claimed to be boyfriends and there was lots of lovey dovey back and forth between the two. I’m pretty sure that’s why XY covered them in the first place (aside from them being hot, obviously). I mean, I don’t begrudge the kid his career, but I don’t see how it’s possible to retreat back into the closet from all this. He’d need one hell of a powerful warlock lawyer to erase these pictures from the internets.

  • Spike

    First of all, who is this guy? Second, if don’t want private obscene, lewd and pornographic photographs of yourself self to show up in the internet, don’t allow a professional photographer to take such pics of you for publication in a magazine.

  • bishop1j

    @Art Smith: I’m not saying your POV is incorrect, but your example of Carey Grant is ludicrous. Mr. Grant may have been openly bisexual in Hollywood, but that was probably the only place it was known. I highly doubt it was known in the vast majority of the country.

  • Adonis-of-Fire

    @Marc D’Urso:
    Yes!! And the other guy was from San Antonio, he was poz and he passed around to a lot of local guys!! I think he is a fitness model now, I find him so ugly though, his eyebrows are super far apart.

  • B

    Re No 16 Jaffee

    … yes, it’s me. I thought QUEERTY had gone away permanently and accidentally found a link to it that worked.

    I may not be posting anything for a while due to a technical
    issue with my ISP. My connection is failing regularly and I have to get someone out here to fix a wiring problem.

    BTW, the picture they are sometimes showing is someone else.

  • jason

    I agree with the notion that Hollywood is a very conservative institution. Its conservatism is built on the fact that it was established as a marketing machine for the fantasies and fetishes of heterosexual men. Gay men’s involvement was – and is – always a behind-the-scenes thing. We’re like the people at the back of the bus who help to run things but who cannot be marketed.

    As such, I have no respect for any of the Hollywood studios. They can all fuck off as far as I’m concerned. It’s time we boycotted all their product – Universal, 20th Century Fox, Sony, Warner Bros etc etc.

  • jason

    If it was a Hollywood actress kissing another woman, the mainstream media would be promoting it as “sexy” and “hot”. Therein likes the mainstream media’s double standard. The mainstream media along with Hollywood is guilty of pushing this double standard and making us gay and bisexual men feel as if we’re second-class citizens.

    Well, my message to the mainstream media and Hollywood is this: fuck off. We’re tired of your sleazy liberal lies and hypocrisy. No wonder so many of us gay and bisexual men are turning to conservatives. At least conservatives don’t have this double standard.

    Who knows – many of us might even vote for a Republican President in 2012.

  • Josh in OR

    @jason: Yes. That makes perfect sense. Corporate-owned Hollywood has a double standard against gay men, so let’s show them by voting in MORE corporate-owned politicians who don’t bother to hide their hatred and discomfort of gay men. You know, except when they are gay themselves and voting against their own self interests like selfish bitches. That’s SURE to make corporate-owned Hollywood stop treating gay man like second class citizens…

  • Jody Wheeler

    >No wonder so many of us gay and bisexual men are turning to conservatives. At least conservatives don’t have this double standard.

    If we vote any more Republicans into office like the kind we’ve had, then, quite soon, it really will be the case that you can’t quote from an attorney’s letter over copyright issues and tame pics of two guys kissing really will be considered porn.

  • Reggie

    I got a threatening letter from the photographer the other day for posting his pics accompanying a story on my website.. the note was lamely written and a completely irrelevant threat about me not holding copyright for images that the publisher was publicizing.

  • Marcus


    Typepad sent me a “copyright infringement” notice.

    No nasty letter, though.

  • Jody Wheeler

    My understanding is that the photographer isn’t much for the pics appearing on porn sites. I’ve been told he’s trying to make it clear that his images are not porn and will ask any porn site that posts them to take it down under DMCA.

    I don’t believe he has an issue with news sites posting the images. When XY folded, I think he’s now the only one with copyright on the photos, so Haynes attorney never had standing to ask that legal pics taken of his client be removed. That didn’t stop him from doing so and for sites like Blogger and Typepad from acquiescing to his requests.

    Note that if you think you fairly used the pics under copyright and DMCA law, you can file a DMCA counter notice with your hosting company, declaring your Fair Use. Be prepared that the hosting company could take your site off-line if they’d like, while waiting to sort issues out.

    I can’t help but think this was the strategy behind the letter campaign.

  • Navi

    I never get tired of these pictures… yum.

  • Spencer Euwing

    I just now stumbled across Dustin HOT Zito on MTV Vegas and am seeing all the stories and HOT pix of him with other guys. He’s FOS, and anyone who believes he didn’t Phuq any guys at any time in the past or even get Phuqed are THTUPID or headless. He wasn’t that hot when he was first drafted on to the gay scene, but now, OMG!!! I would so do him!!!! 4 times during the day and at least twice at night.

  • RS

    Even if these didn’t fall under Fair Use, Colton Haynes’ attorney should know that his client doesn’t own the copyright to the images and therefore has no standing to insist they be removed. I’m certain the photographer had Haynes (and his parents) sign a model release. No magazine the size of XY would run photos without a model release. The photographer or former publisher, depending who retained the copyright, might have some standing, but not the model.

  • Thomas

    I have a hard copy of this issue. :)

  • Gregg

    I’m sorry, but he can make any claims that he wants to, but he is GAY! You don’t close your eyes and look like he does if you are not TOTALLY into the other person!

  • zach

    i watch the show and i was hoping for some gay action since they referenced homosexuality twice already with only three episodes out but the main character seems completely straight his best friend how ever may not be :)

  • sexagenarian

    You can’t get rid of your old pics in the digital age. I have found non-porn but almost-nude shots done of me for an “artistic” mag as a late teen/early 20s and I am now over 60. Of course they don’t have my name and no one but me would ever realize who it was!

  • ver

    This tells me so much! I have a blog that is hosted on Blogger. I wrote about Colton Haynes and posted these photos there over a year ago. Last week I received word from Blogger that they had received a DMCA complaint against me and they pulled my post. I was given no word on who made the complaint. If it was, in fact Colton Haynes’ lawyer, who obviously does not own copyright, I plan on fighting this. Very interesting indeed.

  • M J THOM

    Gay material? I’m hetero and downloaded the 2 pic’s with other play fight photos I got on the ‘net. Wow now involved in a controversial setup. Ridiculous. Hollywood. NWO. Ignore I would say.

  • Dewboy

    @Thomas: I get a hard copy, whenever i read that hard copy… ;)

  • Lolipop boy

    Looks like a hot photoshoot.

  • dg

    Gay magazines always seek to exploit underaged and young adults in “barely legal” sexual situations. The gay subculture is all about exploitation of youth and destroying innocence for carnal lust. I would love to hear Colten’s point of view on how he was lured into doing this. I wonder if he even understood how these pics were going to be used.
    Gay ppl moan on about equality and discrimination but where is the moral voice that stands up against the exploitation of youth? Silent,because this hedonistic community celebrates this kind of sleaze. But we will reap what we have sown.

  • spunkspigot

    #45 dg

    When you publish a magazine aimed at the young gay market, you have more reason to show young gay people than, say, the straight porn mag, “Barely Legal,” which is not marketed to teen girls.

    To seek celebrity with no accomplishment other than your MySpace page and pictures in XY magazine, you and the media exploit each other in a game begun before celluloid first threaded camera. Attempting to disavow the methods that got you a shot at Teen Wolf is your own hypocrisy.

    It’s also hypocrisy and exploitation to stumble upon a Queerty article titled “XY Boytoy” for outraged comment. It suggests a homofauxb who votes conservative but quivers in dreams of buggery.

    Reminds me of a closeted acquaintance invoking “sociological research” as his reason for being in a gay strip club and evincing shock that the dancers had dicks.

  • spunkspigot

    #45 dg

    When you publish a magazine aimed at young gay guys you have reason to show young gay guys. Not like the straight porn mag “Barely Legal,” which shows young girls to a audience that’s neither.

    To seek celebrity with no accomplishment other than your MySpace page and pictures in XY magazine, you and the media exploit each other in a game begun before celluloid first threaded camera. Attempting to disavow the methods that got you a shot at Teen Wolf is your own hypocrisy. No innocents here.

    Or innocence here exploiting a Queerty article titled “XY Boytoy” for outraged comment. Hypocrisy, sure. The kind that suggests a homofauxb who votes conservative but dreams wetly of buggery. Reminds me of a closeted acquaintance invoking “sociological research” as his reason for being in a gay strip club while evincing shock that the dancers had dicks.

  • hbog9o

    why stuff blocked out show full gay SEX

  • hbog9o

    i love gay sexxxxxx show full sex

  • John

    I have this magazine. Haynes was really convincing in the spread.

  • Mike

    Holy crap! I knew I recognized him! I need to go home and check out my old issues of XY now. Got ’em all on a shelf. :)

  • Jay

    What I don’t get is why their making a big deal. It’s a new Era, and homosexuality is starting to be accepted now. I’ve noticed that the older generation still has some problems with it, but their moving on. Further more, if their doing this for Teen Wolf, I highly doubt that said older generation is going to watch it. Not only that, but one of the best TV shows I ever watched was all about Gay people. Queer as Folk, it showed gays as what they are. Their more then one type. Just like Straight people. Not only that, but by Haynes doing that he just opened up a chance for a new Audience. A gay one. And they even have a gay character on the TV show! But imagine that, he’s the one with the least amount of lines. I just wish I could say, it’s a new time. People don’t really care what you do, who you do it with.
    On the other side, I can see why he wants those pictures taken down. What if Haynes feel embarrassed? Sure, he shouldn’t have taken those pictures unless he was sure but what if he’s afraid that people are going to keep thinking he’s gay? I don’t know if he actually is or not.

  • John

    Gay = $
    Nothin’ personal, just business.

  • John

    @John: = less

  • Jay

    I don’t see how that works John. I’m not mad or anything, sorry if it sounds that way, just explain to me how that works. The show might loose a few because of homophobics, yeah, but it’s main character would still be straight and every other person, besides danny, would be. Plus, they already have a openly gay character on the show. How would two be any different?

  • spacegod

    I’m with you. Colton and Dustin (gawd what annoying names) are extremely unattractive IMHO. And I love twinks. But these cornfed butch baby beefcakes make me very flaccid.

  • Ferallove

    @Cam: Werk! everything about that response keep doing what your doing no bad notes. :-)
    The only problem I have with the gay films is that they are poorly Acted and filmed so Colton would fit right in because he’s terrible but he still should be able to be himself but that’s not how hollywood works yet they have secrets parties that are heavy on the things they blatantly try to pretend they are against but secretly love.

    Hungry to write and film an amazing gay independent film. I love Brokeback mountain, Weekend, Keep the lights on and cannot be without SHELTER amazing film. Off topic as always lol but Colton congratulations on the success and I hope he follows in the footsteps of Ezra Miller “AMAZING ACTOR” and Paul Iacono “ADORABLE and a quality actor” :-)
    both successful and open. Paul more then Ezra

  • Victor_in_PA

    I read the article and I still don’t know or don’t care who this is. I stopped watching MTV when they stopped playing music videos. Apparently, I haven’t missed much.

  • AlanZ

    I’m a fan of Teen Wolfe,yes I started to watch purely to see what the hype over the gay dream scenes were all about and some hot guys running around a locker room in only towels. And Colton is one of them more than half of his screen time seems to be in a towel. But I’m also a fan of Days of our Lives. I was told about a gay love storyline and how good it was. Well it was really really poorly written but that’s a soap for you. But the two actors Chandler Massey who won 2 Emmys for his role as Will Horton and Freddie Smith as Sonny Kiriakis brought such life to the characters that FB, Twitter, Instagram and Tumbler all have pages for the actors and the story dubbed Wilson. The story featured openly gay Sonny returning home meeting the then straight Will who realizes he’s gay but before coming out knocks up his kind of ex GF while drunk because he kissed a guy ..played by Kris Kristoffersons hot son..but then he comes out and he and Sonny fall in love get kidnapped, shot deliver Wills baby…typical soap. The love that the boys portray is sincere. Wills coming out was very PSA at times. The biggest complaint that the fans in the fan club pages talk about is how the love scenes and eve the simple kisses are very PG.. Both Chandler and Sonny are straight but I don’t think that’s the reason but they kiss like you would kiss your mom. And while Abby and Chad are playing tonsil hockey and dry humping all we see of Will and Sonny is the after glow under the sheets…with bare legs sticking out to let you know they were naked.two different standards for gay sex scenes and straight sex scenes. But I guess it ok since GLAAD has given the show awards and kudos. If GLAAD is ok with that then who am I to disagree. Homophobia runs rampant in the old boy Hollywood. At least the producer Robert Corday is

  • AlanZ

    And the studio. I do have to say though that from the fans that I’ve met both of the a tires are very talented…in fact try to catch Freddie Smith in a show he produced called Addicts Anonymous. He plays a councilor for a group of people all addicted to different things from drugs to sex to OCD believing they can all benefit by being in the same group. Check it out Freddie’s Twitter page. Sorry..I kinda have a fan crush on him. But you will see why when you check out his pages

  • Sukhrajah

    Ok, I have a new proposition – when someone loudly and viscerally starts snapping back at the community that they once ran to (us) to get them their publicity, we should issue a burn notice for this person. In other words – Colton Hayes wants to pull back all of his ‘mistakes’ and/or have an attorney make homophobic responses – then we no longer cover, discuss and or entertain Mr. Hayes. Hollywood as an industry may, as some of you claim, be homophobic. However, Hollywood is also full of homosexuals. It’s time that we start using our abilities in the industry to make real changes. Keep the quasi-pretty boys that once ‘did it with a guy’, and bring on our own – out, proud, LGBTQ members – to the forefront. The Danny Zitos and the Colton Hayeses of the world will no longer be issues, and it’s time that we start making them things of the past…

  • Maleko

    @Josh in OR: Look at the god side of the threat and potential suit; you’d make a lot of money off all of those illegal claims.

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