It is quite possible, perhaps even probable, that not everyone has been following the Ita Buttrose/The Seniors Choice debacle as closely or with as much interest as I have shown.
I would think that most businesses know that using a well-known person’s photo to help them promote their product without that well-known person’s permission is likely to lead to trouble. And it is hard to believe that a business would think that they could use it anyway, and the well-known person will be no none-the-wiser.
The story first came to my attention in December 2013 when I read a BRW article which explained that Judge Suzanne Jones of the Federal Circuit Court found against Melbourne-based The Senior’s Choice for ‘passing off, and misleading and deceptive conduct and injuncted the company and its director Andrew Philpot, from using the image of Buttrose.
When all this was going on, Ita Buttrose was Australian of the Year and President of Alzheimers Australia. It was never likely that her photo being used for advertising without permission would go unnoticed.
Apparently, The Seniors Choice approached the Speakers Bureau to discuss a potential endorsement deal with Buttrose. The use of a photo would have been $75,000 and there were likely other costs and restrictions associated with the deal had it gone ahead.
The Seniors Choice used the photo as part of their advertising anyway without entering into an agreement. You can read the story here.
The matter was heard in the Federal Circuit Court where Ms Buttrose and her legal team told the it sent out two letters “of offer” to the company and its director, Andrew Philpot, to settle out of Court.
The first letter, sent in April demanded payment of $25,000; a second letter sent due to non-action in September demanded payment of $50,000.
The company was ordered to pay Ms Buttrose’s legal costs – and those incurred after the second letter at a higher rate.
Read more here
How damaging were the actions to The Seniors Choice? Remains to be seen, but I would think extremely damaging. If you know you should not use an image without permission, do not use it. If you have the slightest doubt, don’t use it. Apart from being very disrespectful, it is not worth damage to reputation and bank balance.
Speak the truth even if your voice shakes
