Mistaken identity

Image for illustration only

A family claimed that a greeting card company was using, without permission, a photo of an elderly family member on a series of humorous products including gift bags, greeting cards, product packaging and in-store displays. The greeting card company had licensed the image from a photo agency and looked to them to protect them from the family’s claims.

The photo agency was able to produce the valid release from the model in the photo, which also proved that although she bore a striking resemblance to the family member, the model was a completely different person. The agency also produced additional photos taken at the same time, showing the model in several different settings and from different angles. In some of these photos, the model bore no resemblance to the family member. The family was convinced and the claim was dropped.