Did Iggy Azalea sign away rights to sex tape?

Is it her or not?


Iggy Azalea is the latest celebrity to have a rumored sex tape. Porn company Vivid Entertainment issued a press release last week saying they were shopped a tape starring the popular Australian rapper. Azalea’s camp initially denied the tape, and then backtracked a bit,saying if there is any legitimacy to the recording, they would sue all parties involved.

Now, a Houston-based rapper, Hefe Wine, also known as Wine O, has come forward claiming he co-starred in the 2009 tape, and Iggy signed a contract with “exclusive rights to manufacture, sell, distribute and advertise 'any' recording embodying visual images” according to TMZ. 

“Yes Wine O is with her in the tape and he's claiming he has the right to sell it," Vivid’s Steven Hirsch told FOX411.

The rapper alleges the contract gives him the legal right to sell and distribute the tape, leaving Azalea without legal recourse. However, entertainment attorney Domenic Romano told FOX411: “When the parties to a contract are mistaken as to the scope or nature of the agreement, courts will either fill the gaps with reasonable and customary terms or modify the contract to express the true intentions of the parties.” 

“ If Iggy Azalea did not expect that her contract would govern their sex tape, then she could argue that a more customary term should be inserted instead, like the one suggested above," he added.

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Additionally, Wine’s reported contract specified videos within the realm of the music industry.

“Within the music industry, since the phrase ‘recording embodying visual images’ usually refers to videotaped performances of a recorded popular song," Romano said. "Iggy could argue that Hefe Wine’s intended use of the video runs against the customary definition of the term.”

Fox Reporter and FOX411 host Diana Falzone covers celebrity news and interviews some of today's top celebrities and newsmakers.  You can follow her on Twitter @dianafalzone.