Judge Judy rules on an internet-related issue
In a nutshell:
A 20-something woman sued a graphic designer and a nightclub owner. She had some bikini photos taken by a professional photographer, and the photographer posted those photos on his Web site. Somewhere along the way, her photos ended up on a photo-sharing site. She didn't post them there, and apparently neither did the photographer.
The graphic designer was hired by the club owner to create a flyer for his business. The designer went to the photo sharing site, which has a statement that the images on the site may be freely incorporated into your own projects. The designer took the young woman's bikini photo from the site and PS'ed her onto a stage with a stripper pole on it. They printed it on the flyers and distributed them to advertise the business.
The woman sued for $5,000 (the small claims limit in her state). The club owner's defense was that the designer made the flyers, not him. The designer's defense was that the site where he obtained the photo has a very prominent statement on every page that the images may be freely incorporated into their own projects. The designer had printed copies of the Web site with the woman's photo for downloading, along with the statement on the site saying the images were cleared for use.
Judge Judy awarded the woman a $5,000 judgment against the club owner. She stated that the club owner had illegally profited from the woman's image, and that the flyers were the responsibility of the club owner regardless of who did the graphic work, and that the statement on the Web site did not absolve him from getting a signed release of her image for use in the flyer.
The photographer also attempted to sue the club owner and designer for an additional $5,000 saying they misused the photos from his site. Judge Judy dismissed his suit, however, since she didn't believe that the woman had given the photographer to post the images on his site in the first place. She demanded to see a signed statement from the woman allowing that, but he could not produce one.
Just something to think about when you hire a graphic designer.
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