An interesting case, this. Model goes to a photo shoot, received $250 for the job – with the understanding that he would be paid $2,000 more if his image was selected to promote Taster’s Choice in Canada.
Sixteen years go by and he discovers that his image has been used on Taster’s Choice coffee in several countries for years.
Nestlé offers him $100,000, which he turns down.He asks for $8.5 Million, and Nestlé turns him down.
Unable to agree, they go to court. Nestlé’s defense: The employee that pulled the photo thought they had consent to use the picture.
The jury does not buy it and awards him $15.6 Million.
- First of all, The verdict was just, the amount was not – while Nestlé screwed up, $15M+ is a little excessive, as is the $8.5M he asked for.
- Secondly, he has not seen a penny of that money yet, and won’t for a long time. Nestlé have appealed and even if the appeal fails he will lose $5-10M of his windfall to attorney’s fees, and that may take years.
Looks like another win for the Lawyers.