The price of coffee just went up (little OT)

boomhower wrote on 2/5/2005, 3:41 PM
With all the copyright banter on the forum lately thought this story might be appropriate.

If you haven't heard, the model turned teacher whose face has been on Taster's Choice coffee for some time now was awarded 15.6 MILLION because Nestle apparently failed to properly secure the rights to his photo. He was evidently paid $250 bucks for the photo shoot back in the eighties but (for reasons that are not spelled out in any article I've read) never gave permission to Nestle to use the photo in the way they did.

The amount will surely drop during the appeals but I'm sure he will walk away with a nice fat award once all is said and done.

His statement lines up with some of what has been said on this forum during the copyright discussions:

"Our image is our product, whether it is our face or our talent, and they took it improperly" (sacbee.com)

Something to think about....over a cup of coffee :-)

Comments

BillyBoy wrote on 2/5/2005, 7:03 PM
If the world's largest food company has used the likeness of some "talent" without permission for years, a smart attorney could perhaps 'prove' that Nestles' raked in xxx dollars more because of it.

On the other hand any bozo going to court to bitch about some Joe Average "illegally" making five DVD's using his song without permission, he wouldn't be able to show how he was damaged or on the far out stretch he could, the damages would be so trival it would be thrown out by the judge assuming it got that far which of course it wouldn't.

Some like to argue the academics of something using hypothetical
BS. I prefer to judge things on how they apply in the real world.

nickle wrote on 2/5/2005, 7:25 PM
I have refused to buy Taster Choice because of that guy on the label.

I don't care at all about the taste, I only care about labels.
farss wrote on 2/5/2005, 7:41 PM
Forget the photo, the name's enough to put me off.
How do you septic tanks do it, you've got Bogus tripods, Tasters Choice "coffee" (sounds more like a name for wine to me), no wonder your movies need subtitles for the rest of the world to understand them.

Then again there was those Paul Hogan movies, sigh...

Bob.
nickle wrote on 2/5/2005, 8:03 PM
If it wasn't for Crocadile Dundee and Foster's lager we wouldn't know anything about Australia except that it has the most poisonous creatures on earth.

Put another shrimp on the barbee.
filmy wrote on 2/5/2005, 8:25 PM
See I knew there was a reason why I have never liked cofee - deep down inside I knew I would only be supporting the illegal use of someones image in the marketing.

Well - you know - the whole AOL "you've got mail" voice was the same thing, didn't take as long to catch up however. And than there was the whole "You Light Up My Life" 'scandle' with the original singer, Kasey Cisyk, back in 77 or so. (Well the controversy didn't happen until 78 or something when Kasey supposedly heard herself on the radio and than found out it was Debby Boone who, more or less, note for note, imitated Kasey - than to add insult to injury when the film became a hit and the sound track came out it said something like "Original cast recording" and did not mention her by name). Well than there was Mattells lawsuit against Aqua and MCA for their song "Barbie Girl" (I really like that song by the way - Mattel has no sense of humor)

You know - in case anyone cares, not really film related but still really great reading, here is an article by Janis Ian on the music biz.
BillyBoy wrote on 2/5/2005, 8:51 PM
Who still drinks instant coffee?
RichMacDonald wrote on 2/5/2005, 10:17 PM
>Who still drinks instant coffee?

I do. I grew up with it so I still like it. I can only stand Folgers instant, though. My main reason is that its my first cup of the day and before my first cup I'm barely able to boil water, let alone wait to grind the beans, froth the milk et al.

Lest you think I'm a heathen, I switch to the $300 espresso machine when I get to work.

Along the same line, taking a razor to my face first thing in the morning? No way. That's why I'm usually bearded.
theceo wrote on 2/5/2005, 10:31 PM
using an image to represent a product for years is a littler more than 'fair use' intended

Erk wrote on 2/6/2005, 2:02 AM
It might be Instant, but for me, it's never been Coffee.
clyde2004 wrote on 2/6/2005, 5:57 AM
"I put some instant coffee in the microwave.....almost went back in time" - Steve Wright
Sr_C wrote on 2/6/2005, 7:59 AM
I love Steven Wright!


I wrote a song, but I can't read music so I don't know what it is. Every once in a while I'll be listening to the radio and I say, "I think I might have written that."
-- Steven Wright
epirb wrote on 2/6/2005, 8:13 AM
>I love Steven Wright<
what was it that he also said? "I bought some instant water, but I dont know what to add?"
clyde2004 wrote on 2/6/2005, 8:16 AM
> I love Steven Wright! <

Me too.
Last one...

"I live on a one way dead end street" - Steven Wright
Spot|DSE wrote on 2/6/2005, 8:24 AM
I hadn't read that piece, Filmy, thanks for the read/link.
FWIW, this is sorta related to what's going on right now with OutKast and Rosa Parks, they used her name as a song title. She's asking for 5 billion.
http://www.sltrib.com/nationworld/ci_2557175