Confidential
Settlement – $150,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Joseph F. Hart
(Law Offices of Joseph F. Hart)
Defendant
Facts
Plaintiff, now a high-profile performer in adventure/action films, had a secondary role in a film, early in his career. Defendant video distributor re-released the title in 1992, using a current photograph of the Plaintiff, without his permission, and billed Plaintiff as the "star" of the film.
Settlement Discussions
Plaintiff contends he demanded $300,000 and Defendants offered $50,000.
Damages
Profits attributable to the unauthorized use of Plaintiff's name and likeness -- $300,000 (Plaintiff's estimate); $50,000 (Defendant's estimate).
Result
In addition to the $150,000; the settlement included an agreement by the Defendant company to change the advertising and packaging of the video in question by eliminating Plaintiff's picture, eliminating any reference to him as the "star" of the film, and reducing the size of the typeface of his name to a size more consistent with the size of his role in the film.
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