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Author Topic: Greek sues over photo on 'Turkish' yoghurt  (Read 22211 times)

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« on: April 10, 2010, 05:30 »
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A Greek man is suing a dairy in Sweden for 50 million kronor ($6.9m; 4.5m) for using his image on pots of Turkish-style yoghurt, Swedish media report ...

http://news.bbc.co.uk/1/hi/world/europe/8612575.stm


« Reply #1 on: April 10, 2010, 08:19 »
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I don't see how he can have a case if he signed a model release.

« Reply #2 on: April 10, 2010, 09:16 »
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Presumably he didn't. I guess it was intended for editorial use only by the photographer. It's quite common for travel photographers to take shots of local people which are ok for use in travel articles/brochures but not on yoghurt pots.

It'll be interesting so see what happens in a European case in comparison to the infamous 'coffee jar' case in the US where the plaintive was awarded 5% of the companies profits over several years.

ShadySue

« Reply #3 on: April 10, 2010, 09:39 »
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Presumably he didn't. I guess it was intended for editorial use only by the photographer. It's quite common for travel photographers to take shots of local people which are ok for use in travel articles/brochures but not on yoghurt pots.
Yes, I've been trying to find out more with no success as yet. But I think you've hit it right, since the man is suing the yogurt company and not the tog or agency.

dk

« Reply #4 on: April 10, 2010, 10:30 »
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Stockholm - A small Swedish dairy is in a pickle over the use of a photo on its yoghurt packaging, a spokesman for the dairy said Friday.

A Greek man has sued family-owned dairy Lindahls Mejeri for 50 million kronor (6.9 million dollars) after it used his image on a package for the company's Turkish yoghurt.

'The sum is preposterous,' Thomas Axelson, purchasing manager for the dairy, told the German Press Agency dpa.

Axelson noted that the sum roughly equalled the annual sales of all the yoghurt the company sells.

'The case dates some while back,' Axelson said, adding that it was being handled by lawyers in Greece. Talks began some eight months ago.

The dairy says that it had a deal with a photo agency to use its photos for its products.

The man in the photo did not apparently have an agreement with the photographer, but Axelson said the case of mistaken nationality was also a factor behind his decision to sue.

The bearded Greek was apparently alerted to his appearance on the yoghurt packaging by an acquaintance who lives in Stockholm, Swedish radio reported.

http://www.monstersandcritics.com/news/europe/news/article_1547018.php/Greek-sues-Swedish-dairy-for-mistaking-his-nationality

« Reply #5 on: April 10, 2010, 10:32 »
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I'm curious who the "library" was. They certainly don't know very much.

« Reply #6 on: April 10, 2010, 10:33 »
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The man in the photo did not apparently have an agreement with the photographer, but Axelson said the case of mistaken nationality was also a factor behind his decision to sue.

If a release was signed, "mistaken nationality" is probably not something you can sue someone over.

ShadySue

« Reply #7 on: April 10, 2010, 10:44 »
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The man in the photo did not apparently have an agreement with the photographer, but Axelson said the case of mistaken nationality was also a factor behind his decision to sue.

If a release was signed, "mistaken nationality" is probably not something you can sue someone over.
"did not have an agreement with the photographer" might mean 'no MR'.

lisafx

« Reply #8 on: April 10, 2010, 10:45 »
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"mistaken nationality" is probably not something you can sue someone over.

^^Totally agree.  I am sure most of us who shoot models have had them used as various different nationalities.  

A fellow photographer in Norway seems to find different images of my husband (who's American of Irish/English descent) portrayed as a Norwegian in advertisements and articles  practically every month.   :)

And because of my daughter's dark curly hair and brown eyes she has been used as hispanic so many times I eventually started adding the keyword. 

In stock, it doesn't matter what a model "is", it just matters what they look like.

I think the only issue he has any claim over is the lack of model release.
« Last Edit: April 10, 2010, 10:48 by lisafx »

dk

« Reply #9 on: April 10, 2010, 10:51 »
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If he didn't sign a model release he can sue for any reason he wants. He can sue for nationality and he can even sue them because he doesnt like their yoghurt.  :D

What i'm not sure about is who will end up paying in the end. The photographer, the agency or the yoghurt company.

« Reply #10 on: April 10, 2010, 10:52 »
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If he didn't sign a model release he can sue for any reason he wants. He can sue for nationality and he can even sue them because he doesnt like their yoghurt.  :D

What i'm not sure about is who will end up paying in the end. The photographer, the agency or the yoghurt company.

As usual it will be the one with money.

« Reply #11 on: April 10, 2010, 10:54 »
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I think the only issue he has any claim over is the lack of model release.

Agree.

This makes a great case for companies dealing directly with photographers when it comes to negotiating licenses and leaving the middle man out.

lisafx

« Reply #12 on: April 10, 2010, 10:57 »
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If he didn't sign a model release he can sue for any reason he wants. He can sue for nationality and he can even sue them because he doesnt like their yoghurt.  :D


Anyone can sue for anything they want anyway - with or without a model release.  The question is what points can he win on.    

No model release is a real issue.  The nationality thing is a red herring.  Sounds like he is trying to throw a bunch of charges at the wall and see what sticks...

dk

« Reply #13 on: April 10, 2010, 11:05 »
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About the nationality issue i think it isn't that far stretched because he is wearing a traditional greek costume...
What were they thinking?  ??? Good for them they didn't put a japanese geisha on their yoghurt!

lisafx

« Reply #14 on: April 10, 2010, 11:28 »
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About the nationality issue i think it isn't that far stretched because he is wearing a traditional greek costume...
What were they thinking?  ??? Good for them they didn't put a japanese geisha on their yoghurt!

^^  Very good point.  LOL on the geisha! ;D

Personally I love Greek yogurt the best anyway - they should have just called it GREEK yogurt! 

« Reply #15 on: April 10, 2010, 11:36 »
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Knowing the feud that has been going over an island  for decades between Greek en Turkey it's understandable the guy is upset.
It would be the same being portrayed in a gay advertise although not being so.

Patrick.

« Reply #16 on: April 10, 2010, 11:45 »
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Knowing the feud that has been going over an island  for decades between Greek en Turkey it's understandable the guy is upset.

Yes, being taken for Turkish is about the most offensive thing that could happen for some Greeks (especially when they're wearing their national costume).


« Reply #17 on: April 10, 2010, 11:48 »
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Knowing the feud that has been going over an island  for decades between Greek en Turkey it's understandable the guy is upset.

Yes, being taken for Turkish is about the most offensive thing that could happen for some Greeks (especially when they're wearing their national costume).

What a major faux pas.

« Reply #18 on: April 10, 2010, 12:05 »
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Knowing the feud that has been going over an island  for decades between Greek en Turkey it's understandable the guy is upset.

Yes, being taken for Turkish is about the most offensive thing that could happen for some Greeks (especially when they're wearing their national costume).

So is being portrayed as a republican if you're a democrat.

The Turkish thing is a non-issue.  The case epends on the existence of the MR.

« Reply #19 on: April 10, 2010, 12:07 »
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Knowing the feud that has been going over an island  for decades between Greek en Turkey it's understandable the guy is upset.

Yes, being taken for Turkish is about the most offensive thing that could happen for some Greeks (especially when they're wearing their national costume).

So is being portrayed as a republican if you're a democrat.

The Turkish thing is a non-issue.  The case epends on the existence of the MR.

Question remains.. is there a model release.... no lawyer would sue knowing there is a model release.  IMO this was a vacation snapshot... editorial.

Patrick.

« Reply #20 on: April 10, 2010, 12:18 »
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The Turkish thing is a non-issue.  The case epends on the existence of the MR.

It might be legally but it would certainly up the stakes publicity-wise in Greece. There's also the potential issue of false advertising or representation. Mind you the yogurt is probably about as 'Turkish' as Abba themselves.

« Reply #21 on: April 10, 2010, 12:55 »
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This is the reason why I don't sell photos of people as RF, even as editorial. 

Also, you may talk to the person and have him sign a release, but an ordinary person does not fully understand the implications of a model release.  Given the Greece vs Turkey problems, it's understandable that a Greek man doesn't like his image used as a Turkish man.  Think of a Jewish being portrayed as Arab or vice-versa (even if many are really very much alike).

« Reply #22 on: April 10, 2010, 14:55 »
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This could easily happen again at agencies without reviewers.  At Mostphotos I se Editorials for sale as Rf all the time.  People dont know the difference and dont seem to care. Hopefully they check the images when a sale occur.

The greek was photographed by a tourist without permission.  The photo was sold by a Swedish agency that got it in a package from a spanish agency.


« Reply #23 on: April 10, 2010, 15:44 »
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Ok, so no release.  Now we need to know how it was licensed, if it was misrepresented, did the designer use it improperly, etc...

« Reply #24 on: April 10, 2010, 17:05 »
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I checked out Ims agency website (Where they bought it) but couldnt find the image.
I found other international images on People sold as RM with the choice "commercial prints".

Heres an example:

http://www.nordicphotos.se/SE/Details/4373018

Is this ok? Im not good at Rm licences
« Last Edit: April 11, 2010, 10:00 by Magnum »


 

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