What Happens Without a Model Release?
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Recently, I read about a Greek man suing the Swedish yogurt company Lindahls Mejeri for using his image on their packaging without permission.
The man is seeking €5 million in damages, citing ‘loss of face’ due to his image appearing on ‘Turkisk Yoghurt’ (Turkish Yogurt).
For nearly a decade, Swedes have enjoyed ‘Turkish Yogurt’ featuring a mustached man’s image on its packaging. Additionally, five other dairy products with this man’s image have been introduced and are praised for their quality.
Of course, the most popular product remains “Turkish Yogurt” which has been available on the shelves of almost all major Swedish stores.
The Greek man remained unaware of his unintended fame in Sweden until his friend, Athanasios Varzanakos in Stockholm, recognized his face on a yogurt label.
How did this man from Delphi appear on a yogurt label? He enjoys wearing traditional attire and maintaining his thick mustache, making him a popular subject for tourist photos. However, he never authorized the commercial use of these images.
‘I was shocked!’ exclaimed Athanasios Varzanakos to journalists. ‘I called my friend in Delphi, and he was deeply upset, unable to understand how this happened.’
The media coverage sparked public outrage in Greece, influenced by the tense relations between Greece and Turkey.
Ultimately, the company’s and stock photo agency’s lawyers will handle the lawsuit. Swedish lawyers are uncertain whether the man’s offense stems from being labeled as Turkish or from his image promoting a Swedish-made, Turkish-style yogurt.
Lindahls Mejeri stated they purchased the photo from the IMS stock photo agency (from a trusted photographer’s portfolio) and have redirected all claims to them.
The stock photo agency asserts that the photographer supplied all necessary documentation.
Ultimately, someone will have to bear the cost, as €5 million is a substantial amount. While it’s probable that the legal teams will negotiate a lower settlement, some compensation will likely be required. A signed Model Release from the Greek man would have been invaluable in this situation.
However, it appears that no such release exists, as evidenced by the current dispute. Had a Model Release been obtained, this controversy could have been avoided.
Therefore, I reiterate that obtaining a Model Release is essential to prevent potential legal expenses arising from disputes with subjects. While completing this documentation requires valuable time, it ultimately saves both time and money in the long term.
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