Magic fan sues team over marketing campaign using her likeness

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Right now if you were in Orlando you would be complaining about the humidity and rain all week, and you’d see a marketing campaign for the Magic that is everywhere — a photo of a young woman wearing a Dwight Howard jersey cheering. You would see her on busses. On street signs. Everywhere she is exhorting fans to “be loud.”

Now, she wants to get paid for it.

The picture in question was taken during a Magic playoff game in 2011 and the woman has sued the team for using her image without her permission, reports the Orlando Sentinel (hat tip to The Basketball Jones).

The lawsuit, filed last month by Winter Park attorney Hank Hornsby, contends the Magic profited from the commercial and promotional use of (Kristi) Slavin’s face and body, but the team neither compensated nor consulted her…

In the lawsuit, Slavin said the ads, banners and billboard have caused “uncomfortable and embarrassing encounters and questions” from friends, family and co-workers. The document alleges her public image was altered by the unauthorized use.

I would think explaining how you are wearing a Dwight Howard jersey in Orlando right now could lead to awkward questions.

Legally it says on your ticket that your image at the tame could be used in other contexts, which mostly means you could be seen on a television broadcast of the contest or, worse yet, the “kiss cam.” But nobody ever reads those things. Besides, this isn’t just a quick shot of a pretty girl in the stands like is seen on almost every sports broadcast, this is splashing a woman’s face all over the city without her knowing it was coming. As someone who it feels like has a lifetime of experience making women angry, I can say this seems a sure way to do it.

This is great timing for the Magic, who certainly don’t have any alienation of fans to deal with before this happened. Nope. Can’t see why Magic fans would be frustrated at all.