Quoth AngloSaxonViking
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Seraph Nearly Gets Sued. Again. (How Many Times Is This Now?)
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Wifeo's company got sued a couple years ago for using a photo of a model that they actually had rights to. The picture was purchased for the duration of the campaign but when the new campaign went up, one of the client's stores (a national chain) just put the new poster up over the old one and after that one was over - they were both time limited offers - they pulled it down leaving the first one up. The model happened to be in that particular store and demanded $15k in compensation. She won (WTF?) but the letter that accompanied her cheque made it clear that she would no longer be considered for any work in Wifeo's company (a worldwide agency) which, over time, would have been quite a lot more than that. And since it's a fairly close community, the word went out pretty quickly as to what a bitch she was. I doubt she'll see much work for a while.Last edited by Dadeo; 11-13-2012, 12:34 AM.
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Quoth Dadeo View PostWifeo's company got sued a couple years ago for using a photo of a model that they actually had rights to. The picture was purchased for the duration of the campaign but when the new campaign went up, one of the client's stores (a national chain) just put the new poster up over the old one and after that one was over
A legitimate response on the part of the model would have been to ask an employee to get a manager, tell the manager "Your store purchased the rights to use my photo for a limited period, which ended on $date, but I see that it's still there. For legal reasons, I need to protect my image, but since it's probably a case of somebody forgetting to take down an old poster, I won't officially notice it TODAY, but I'll be back TOMORROW." Give them a chance to fix an honest mistake (sounds like the store was in the model's home town, and she obviously hadn't seen the poster when subsequent ones were put into the holder in front of it), but let them know that if they're trying to pull a fast one they'll have to answer for it.Any fool can piss on the floor. It takes a talented SC to shit on the ceiling.
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Quoth Sapphire Silk View PostI think that lawyer is FOS. Whenever I've talked to a lawyer, sending a demand letter is often one of the first steps I've been advised to do.
Oh, just by the way, in the original case the judge agreed and threw the case out.
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Quoth wolfie View PostIs your wife associated with the store that had the advertising campaign, or with the ad agency that hired the model?
We all know that if people were reasonable, this site wouldn't exist. And I would be sad.
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Quoth Dadeo View PostShe works with the agency which is quite large and has friends in pretty much every other agency. The moral of this story is don't bite the hand that feeds you and knows all the other hands because they might all bitch-slap you.
We all know that if people were reasonable, this site wouldn't exist. And I would be sad.Any fool can piss on the floor. It takes a talented SC to shit on the ceiling.
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