The IP Factor

The Jerusalem court has issued an interim decision, in which, based on  Israel Contract Law, Section 46 the judge has ruled that there is sufficient cause to believe that usage of Kroyotoro’s image was not in perpetuity, so now that the boy on the wrapping has objected to continued use of his image, Strauss should change the packaging.

It seems that there were arguably flaws in the contract, since it was not clear to the model that his image would be used for years and this eventuality was not taken into account when deciding on fair payment.

Since Strauss can afford any reasonable royalty if decided that it is appropriate to pay, the judge has ruled that they can continue to market the image for 6 months, to let stocks work their way through the system.

This is an interim decision only. Koryotoro, who is now a soldier, is claiming 5 million in damages.

There is no English language summary, but the case is 7901/09. The full reference is:

בשא 7901/09 רועי קרויטורו נ’ שטראוס גרופ בע”מ (מחוזי – י-ם, י’ שפירא) 20/08/2009
and may be found here: http://www.lawpubshop.co.il/CategoryID=266&ArticleID=458

In a similar case, model Russell Christoff won 15 million dollars from Nestle for using his image on Taster’s Choice Coffee internationally, when he had apparently only agreed for the image to be used in Canada.
See http://ipkitten.blogspot.com/2009/08/wake-up-and-smell-damages.html

The case is on appeal, and it may influence the eventual outcome of this case as well.

There are a number of famous images that have been used to sell the State of Israel.

The clean-shaven pioneer with sickle over his soldier is still alive and kicking, as are the soldiers that reached the Kotel in 1967. Indeed, the kid in the Warsaw Ghetto photo has been identified and survived the Holocaust. Did Herzl ever authorize the picture from the balcony in Basl and could his descendents object to it’s continued use without paying them?  Are we to face an international spate of lawsuits from the subjects of such photos who received no payment whatsoever?