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Their Daughter’s Done This Before

CARMEL VALLEY – Though the parents of a Torrey Pines High School junior filed a $1.5 million claim last week against the school district for the publication of revealing photos of their daughter in a literary magazine, it’s not the first time she has posed for edgy pictures.

The Web site for Pulse Management, a Portland, Ore.-based model management firm that started in Carlsbad, displays several such images. The president of Pulse Management said the school magazine photos may violate a contract that gives his firm and a network of other modeling agencies exclusive marketing rights to Monterey Salka’s image.

Monterey’s parents, Scott and Diane Salka of Rancho Santa Fe, filed a claim last week against the San Dieguito Union High School District over the publication in a student magazine of “semi-nude” pictures of Monterey without obtaining their consent for those types of images. In the Torrey Pines magazine, Monterey, who had just turned 16, was photographed by two students in her underwear and a flesh-colored tank top or topless with hair covering her breasts as part of a photo spread about the human form.

The claim says Monterey’s mother normally attends her daughter’s photo shoots but she didn’t for the literary publication’s because the magazine is school-associated. She believed that school personnel would supervise the session and nothing improper would occur.

On Pulse Management’s Web site, Monterey’s portfolio includes one black-and-white photo that features a shirtless male model on his hands and knees and Monterey standing over him in an outfit with a plunging neckline, her right knee on his back. Behind them, another shirtless male model is carrying what appears to be a belt or strap.

A set of pictures opens with a photo of a sign for a motel. The second photo shows Monterey wearing a bathing suit bottom and a long-sleeved blouse, her knees slightly spread. In the final photo, she is on a mattress.

Elsewhere in the online portfolio, Monterey appears to be posing in underwear or bras and in some cases wears hosiery or boots. Stacey Eastman, president of Pulse Management, said he posted pictures of her on the Web site in bathing suits only, not underwear, and would not promote images that were objectionable to her parents.

Many of the images are typical modeling shots that are much tamer.

Eastman said he feels that the pictures on his Web site would be viewed as artistic by the fashion industry, their target.

Monterey and her parents did not return telephone calls seeking comment yesterday. Daniel Gilleon, the San Diego attorney representing the Salkas, said he is treating the case “as a private matter” and declined to comment further.

Eastman said his company and a network of modeling firms have exclusive rights to Monterey’s image, and he’s concerned that photos for the school magazine were taken without his and the parents’ consent.

“That (publication) could be damaging to my client’s career, and we may be interested in getting involved now,” he said. “(The students) took pictures of a client that was under exclusive worldwide contract with some of the most prestigious firms on the planet without permission from agents who have exclusive marketing rights.”

Eastman said that Monterey has appeared in magazines such as Vogue, Teen Vogue, Cosmo Girl and Seventeen. The black-and-white picture of her with the male models has appeared in many mainstream publications, he said, although he couldn’t recall which ones.

Dan Shinoff, an attorney for the San Dieguito district, called the online photos ironic.

“If they’ve claimed that she’s damaged as a result of the (literary publication), one simply has to compare and contrast,” he said.

Initially he said that school officials knew nothing of Monterey’s professional career, except that she was a model.

In the Torrey Pines magazine, another female and a male student were photographed in a similar manner as Monterey. The students’ parents have provided written consent.

The claim against the district alleges that because the magazine’s audience is teenagers, the photos in the literary publication would be considered obscene and should not have been published. Many students and First Amendment experts have described the photographs as artistic, tasteful and similar to images regularly in popular magazines or television advertisements.

A claim is a prerequisite to a lawsuit, and the district had 45 days to respond.

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