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TomB

Junior Member
What is the name of your state? California

I am a graphic designer, and I used several pictures of real people (including my own) in a print ad that went into the Yellow Pages. Because the pictures were small (less than 1" square) and did not include names - I didn't think it was a big deal, and consequently did not think to ask for permission. One of the people saw it ( a close friend of 30 years), and was furious. He is now suing me, the merchant I did the add for (a bail bondsmen - thus the anger), and the phone company who published the book. Truth be known, I am very sorry for this lapse of judgment - and there was no malice on my part.

Prior to being sued - in an attempt to repair a friendship that is important to me - I sent him an apology letter, more or less copping to a serious lack of judgment, ant expressing regret that I had betrayed his trust and damaged our friendship. The ad has since been pulled, never to be used again - but I can't unring the bell, as it were. I find it hard to believe there have been any real damages (loss of job, loss of, say, a coaching position on his kids teams, etc).

I guess my question is - what can the damages be? Please don't freak me out with worst case scenarios if possible - I'm thinking of realistic damages for such a thing. I'm a sole proprietor, work out of my home, am not incorporated and have no business insurance.What is the name of your state?
 


racer72

Senior Member
It could be anywhere between zero and a million dollars, the only one that can answer the question is the guy suing you and how well of a job he does proving financial damages to the judge.
 

TomB

Junior Member
Thanks Racer...

I realize one can't "assume" anything - but it seems highly unlikely to me that he suffered any financial damages at all. How would one even prove finanacial damages? He has the same job, he's not pursuing an acting career, I doubt he got turned down for a loan or some such thing? Wouldn't he have to show that he'd lost money as a direct result of the ad?

As for your caveat about not asking questions I don't want an answer to - you're right... I guess I just didn't want to hear anectodal evidence of the one guy out of 100 who ended up on skid Row as a result of a similar case - rather - I'm more curious about the other 99 cases... :)
 

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