I'd be surprised if any of the people who use porn star images for their flyers bought them from a legitimate source. I know of one photographer friend who walked past a chick wearing a t-shirt with a picture he recognized. He'd shot it, but had never licensed it to be used. Turned out an enterprising shop owner had just downloaded it and started making t-shirts out of it.

Your comment:
"People think that just because a woman is in this business that she doesnt mind being used for advertising. The answer is probably not, but (1) at least pay her something and (2) let her know before you do it so she can make the decision to have her image and/or name affliated with your party/escort service/product."

This is interesting to me. You seem to be siding with the performer, rather than the copyright owner who shot the pictures. How many porn stars actually own their own image rights? Not many, I wouldn't have thought. Seems a strange application of the law to me; to argue defamation or misappropriation rather than a simple cut and dried copyright theft case.

Interesting.