Iconic 1950s model sues MadMen over unauthorised use of her image
 |
| The controversial image in MadMen's opening credits |
While on the plane which was bringing her to the lovely city of Copenhagen, this learned and very serious Kat was enjoying reading her own copy of Grazia (besides, of course, the latest issue of the Journal of Intellectual Property Law & Practice).
Having learnt what she needed to know about new spring trends (yes! fashion emperors say that it is all about bold colours and clashing prints this year) and got all the latest updates re:the royal pregnancy, she found out (much to her shame, since she loves the TV series) that MadMen is now at the centre of an IP-related battle.
 |
| Revlon's Satin-Set hairspray ad |
As explained in the complaint filed at the Los Angeles Superior Court, the opening credits show the image of a businessman falling through the canyons of Madison Avenue (this iconic New York location was at the heart of American advertising industry in the 1960s), "starkly outlined against a backdrop of office buildings, martinis, stockings and period advertisements from the late 1950's and early 1960's. By design, these ads depict iconic female beauty of the age, images that instantly evoke recollections of this now-distant time, intriguing the viewer - and suddenly there is the face of a ravishing red-haired beauty, her eye piercing the screen, her look that perfectly personifies the period."
Well, it happens that the beauty in question is the plaintiff, now 79, and the image used is a cropped version from a 1950s photograph of her that legendary photographer Richard Avedon took for the Revlon's 'Satin-Set' hairspray ad.
 |
| Also Kats need (a lot of) hairspray! |
Well, it happens that the beauty in question is the plaintiff, now 79, and the image used is a cropped version from a 1950s photograph of her that legendary photographer Richard Avedon took for the Revlon's 'Satin-Set' hairspray ad.
Apparently Ms May consented to the use of her likeness, and the picture by Avedon embodying it, only for the then-current Revlon campaign. At no time did she consent to have a cropped version of this image used, forty years after it was taken, for the celebrated TV series.
Despite the commercial success of MadMen, Lionsgate has apparently refused to compensate the plaintiff for the value that her image contributed to the TV series (MadMen's main titles were even the subject of their own Emmy award, winning over all others for "Outstanding Main Title Design") or the revenues that her image contributed to the resulting profits (apparently Lionsgate has generated income in excess of $1 billion through exploitation of the TV series).
Although MadMen premiered in 2007, as reported by E! News, Ms May only learned that her likeness was used without her consent when her granddaughter pointed it out to her in May 2012. The former model was "shocked" and "felt as if her rights were violated."
As explained by the plaintiff’s attorney, although she does not own the picture, Ms May has the right to her likeness. This is why she has decided to seek redress for the unauthorised use of her image, on grounds which include, among other things, misappropriation of right of publicity for commercial purposes; invasion of common law rights of privacy; and violation of the unfair competition law and false advertising law.
As explained by the plaintiff’s attorney, although she does not own the picture, Ms May has the right to her likeness. This is why she has decided to seek redress for the unauthorised use of her image, on grounds which include, among other things, misappropriation of right of publicity for commercial purposes; invasion of common law rights of privacy; and violation of the unfair competition law and false advertising law.
Will Gita Hall May succeed in court? We’ll see about this. In the meanwhile, what seems certain is that, after Don Draper's identity deception story and divorce from Betty, this is a most interesting addition to this glamorous TV series's plot.
