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Kendra, You Could Make $5 MILLION Off Your Sex Tape — Even If You Didn't Sell It Yourself!

Thu, May 6, 2010 8:33pm EDT by 1 Comment
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Getty Images

Between the money from damages and profits, Kendra’s sex tape might result in a HUGE paycheck for her — even if she wasn’t the one that sold the tape!

Kendra Wilkinson might have to suffer through the humiliation of her scandalous sex tape going public — but if the former Playboy bunny sues for damages and receives her rightful profits, lawyers tell us her embarrassment could pay off…in the form of millions of dollars!

And, as reports this morning, any amount could get even bigger, since she may have more than one sex tape to sell — documents obtained by the website reveal she may have been planning to sell mulitple “Tapes,” rather than just one. But how could she make money off tapes she didn’t sell herself?

“It’s illegal [for anyone to sell her sex tape] without her consent,” Los Angeles-based lawyer Anthony Kornarens tells May 6. “They cannot do that. It violates her rights of privacy. Even if she consented to the creation of it, it doesn’t mean they can use it.”

Unfortunately, even if Kendra didn’t agree to allow Vivid Entertainment to sell the sex tapes, it doesn’t mean the company will follow the rules. Many times it’s more profitable for Vivd to publish the tapes anyway, even if they get sued later on down the line.

“If you writes a Cease and Desist letter, that’s good evidence later to nail someone or hold someone to greater damages,” Kornarens says, explaining, “It doesn’t stop them from [selling the tapes], but it makes the consequences greater.”

In other words, Vivid will probably publish Kendra’s tapes with or without her consent and then deal with the legalities in a lengthy and pricey court case…all because it believes the tapes are worth big bucks.

So what’s a girl to do when her love-making hits the small screen without her permission?

Our experts say that Kendra, 24, should follow fellow sex-tape star Kim Kardashian‘s lead. After a third party sold a tape made by Kim and her then-boyfriend Ray J in 2007, the Keeping Up with the Kardashians starlet sued for an invasion of privacy, and within three months settled for $5 million!

Kendra could stand to make as much money as Kim did, lawyers tell us.

“She is entitled to profits,” Kornarens says, explaining, “She would have a couple of legal theories. The main would be a violation to her rights of privacy. She didn’t consciously agree that everyone else could watch it.”

If Kendra’s sex tape is published within the next couple weeks, as Vivid Entertainment, the company seeking to distribute her tape says it will, the E! reality star can sue for damages. “How did it hurt that individual? Did it cause emotional distress, did it hurt her reputation? A jury would have to decide,” Kornarens says. “It depends how much someone is injured and how much the other side made.”

Unfortunately, because of her former career as one of Playboy’s finest bunnies, it will be harder for Kendra’s lawyer to prove she’s been wronged, Nashville-based lawyer Adam Dread explains.

“An added hurdle for Kendra is that with the Playboy background it’s a little harder to show that it would hurt her career or cost her money,” he says, adding, “However, if someone uses your likeness you certainly have the right to sue for the rights of ALL profits made using your likeness. If [Kendra] loses a TV deal because of this, she certainly could deal with that. The jury would have to decide.”

But there’s more good news than bad for Kendra. Aside from this bump in the road, Kendra still has a solid case to receive some, if not ALL, of the profits made off her sex tape because of her celebrity status.

“In a situation like this, probably the only reason anyone would watch it was because she was in it,” Kornarens explains. “It’s her name. I think she’d be entitled to all of the profits IF she can establish no consent.”

–Kirstin Benson

Read More on the Kendra Sex Tape Scandal:

  1. KENDRA SHOCKER:Ex-Boyfriend Sells Sex Tape to Porn Peddler Vivid, To Be Released in ‘Several Weeks’!
  2. Kendra, What the Heck Were You Thinking!?
  3. Is Kendra Wilkinson Letting A Little Sex Tape Keep Her Down? No Way!
  4. OH, REALLY? Kendra Secretly Shopped Her Sex Tape A Year and a Half Ago, Says New Report!