The Telegraph
Since 1st March, 1999
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Myskina loses pix plea

New York, July 20 (AP): A Russian tennis star cannot stop a photographer from distributing topless pictures taken of her during a magazine photo session three years ago, a US judge has ruled.

US district judge Michael Mukasey wrote that Anastasia Myskina’s rights were not violated when topless photographs were published in a Russian magazine with an article weeks after she won the 2004 French Open.

Myskina was 20 when the photographs were taken and insisted she did not understand a photo release form with her signature on it and was not fluent in English at the time.

“Absent allegations of fraud, duress or some other wrongdoing, Myskina’s claimed misunderstanding of the release’s terms does not excuse her from being bound on the contract,” the judge said.

“Nor can she avoid her obligations under the release because of her purported failure to read its contents.”

Myskina’s lawyer, Alexander Berkovich, said yesterday the tennis player was considering her options but he did not know if he would appeal. “Obviously, we’re disappointed with the decision,” he said.

The topless photos were taken after Mark Seliger photographed Myskina for the cover and interior of the Gentleman’s Quarterly ‘Sports’ issue in 2002 as part of a pictorial and profile of female tennis players.

Myskina said she agreed to be photographed only after she was assured the pictures would not be published anywhere besides the GQ issue.

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