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ARTICLE · 27 OCTOBER 2014

Stealing an image can prove costly

If you use an image in a commercial venture such as in advertising or in a company logo, you will first need permission.

AustraliaIntellectual Property

ItaButtrose is one of the best known people in Australia. She's a former Australian of the Year, she's widely respected and her word carries a great deal of weight.

So when a company providing aged care used her image on its website without securing her permission, and without paying her normal fee of $75,000 for endorsing their product, it wasn't surprising the matter ended up in court.

The Federal Court recently ruled in favour of ItaButtrose. It heard her lawyers had first demanded $25,000 to settle the case. The company took its time deciding whether to pay up, and four months later the lawyers sent a second letter demanding $50,000.

The Court found the company had breached section 36 of the Copyright Act 1968 and sections 18 and 19 of Schedule 2 of the Competition and Consumer Act. The company was ordered to pay damages and legal costs, and say Buttrose had never endorsed their products.

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