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ARTICLE · 20 AUGUST 2012

From Photo To Logo: What About Image Right And Copyright?

Wasi is a well-known street soccer player who is frequently asked to model in advertising campaigns.

NetherlandsIntellectual Property
Tessel Peijnenburg
Tessel Peijnenburg

Court of Amsterdam, 5 June 2012: Wasi Malik versus Monta Street GmbH et al. and simultaneously Han Lans Amsterdam B.V. versus Monta Street GmbH et al.

The Facts

Wasi is a well-known street soccer player who is frequently asked to model in advertising campaigns. He has also worked for campaigns of Monta, an internationally famous street soccer brand. Monta and Wasi have concluded several contracts under which Wasi was photographed for Monta's promotional purposes. In 2011 the cooperation between Monta and Wasi ended.

However, Monta has since continued using a logo in which a silhouette of Wasi is incorporated. This logo was traced from a photograph taken by the photographer Han Lans at the time of the cooperation between Monta and Wasi. Neither Wasi nor Lans has consented to the use of this logo.

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