In case you missed this news item… we’d like to know your thoughts.
Recently in New York, former Grey’s Anatomy star, Katherine Heigl was photographed leaving a Duane Reade pharmacy, by paparazzi.
Gossip site JustJared, for some reason ran the photos of Heigl, maybe to show off her big scarf? But she was carrying a Duane Reade bag. Whomever runs the @DuaneReade twitter account, took the photo off of JustJared and posted the following tweet:
Love a quick #DuaneReade run? Even @KatieHeigl can’t resist shopping #NYC‘s favorite drugstore http://t.co/l4Ge1lEKL9 pic.twitter.com/uGTc3k1Mii
— Duane Reade (@DuaneReade) March 18, 2014
Now Katherine Heigl is suing Duane Reade for 6 Million Dollars, because she claims they’re advertising using her image without her consent, which they are. The actress claims if she wins, she’ll donate the money to (her family’s) charity.
Should the judge throw this case out?
Heigl has had numerous press articles posted about her recently that she is difficult to work with and this may not help her reputation. That was a tweet, from a paparazzi photo, with the JustJared watermark on it, not an advertising campaign. If anything, DuaneReade is guilty of copyright infringement, using JustJared’s photo without licensing it out.
FCC and Celebrity Endorsements
As we cover a variety of events from gifting suites to red carpets, we publish photos of celebrities holding SWAG they are gifted with or snapped them at an event or red carpet. Interestingly, we’ve also been approached by PR firms the next day who want us to link their client’s websites to the fashion designer or accessories manufacturer that the celebrity is wearing – we don’t do it… why? We don’t know if they endorsed it, bought it or their stylist dressed them in it? There are FCC regulations about celebrity endorsements and we are very careful about watching who uses our photos and making sure we don’t cross with celebrity endorsements. For that matter, we don’t post products, places or fashion on our site unless we have held it or tasted it… or have worn it.
Hopefully this will be a wake up call for people infringing on other’s content and using it for their own financial gain.
What do you think? Much ado about nothing or do you think there is infringement and false advertising?
