Summary: A woman is suing Chipotle for allegedly using her photograph without her permission.
Some people don’t want attention, but one woman believes her privacy is worth over $2 billion.
Leah Caldwell said that she was eating at a Chipotle restaurant in 2006 when she noticed photographer Steve Adams taking shots of the interior. Adams captured her in at least one picture, and Caldwell claimed that he asked her to sign a release, which she declined.
Eight years later, Caldwell’s image appeared in Chipotle wall decorations. She said that she noticed her image in a Orlando, Florida store; and in her lawsuit, she said her likeness was also featured in two Sacramento restaurants in 2015. Caldwell said that she not only did not authorize Chipotle to use her picture in their marketing and decor, but that they also edited the photograph to make it appear she had an alcoholic beverage.
According to Eater, Caldwell filed a lawsuit against the famous burrito chain, and she is seeking $2,237,633,000. She calculated that number based on Chipotle profits from 2006 to 2015. She is representing herself.
While Caldwell may have a case because the photographer did not obtain a release, there is also a chance she may lose because citizens’ privacy is not protected when they are in public. That means that anyone can snap someone’s photograph wherever there is not a reasonable expectation of privacy, i.e. the street or a store; and the rights to that photograph belong to the artist, not the model.
Chipotle has not released a comment on the pending litigation. In addition to this case, Chipotle is facing a class action based on the false advertising of the calories in their chorizo burrito; and they settled an E.Coli case in 2016 out of court.
Source: Eater
Photo courtesy of ABC News
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