By Bobby Pollier, EnStars | Aug 17, 2012 09:19 AM EDT
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Catherine Bosley, a former news anchor for CBS in Ohio was unknowingly photographed when competing in a wet T-shirt contest while on a 2003 Key West vacation. The then 37-year-old had allegedly stripped down to being totally nude. Upon the shocking images hitting the web, she had been removed from her anchor position.
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Bosley and her husband had previously and successfully negotiated with the photographer for the rights to the racy pictures in 2004. However, the scandalous photos were still published by Larry Flynn and his Hustler magazine without any consent, as part of their 2006 "Hot News Babes" spread, according to Yahoo!
Bosley then hired attorney Andrew Kabat, who had the following to say regarding her lawsuit against the pornography publisher, according to Cleveland:
"When Ms. Bosley and her husband decided to file the lawsuit, they knew that there was a very real risk of additional publicity of an event in their lives that caused a lot of pain, both personally and professionally."
In 2010, a jury verdict had awarded Bosley $135,000 in the court case for copyright infringement and attorney fees.
Hustler then countered with an appeal, stating that the steamy shots they put in their publication should fall under the apparent "fair use" exception of the 1st amendment; which covers news reporting, commentary and criticism. However, the Cincinatti federal court rejected their counter appeal, finding that the company's primary motivation was to seek a profit.
The attorney for Hustler has not yet publically responded in regards to the appeal decision, according to the online news site.
Bosley is now a Cleveland news anchor for WOIO Channel 19 Action News, a CBS affiliate.
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