Atlas F1 - The Daily Grapevine

Irvine Wins Damages for Use of Photo

Tuesday April 1st, 2003

Irvine Wins Damages for Use of PhotoFormer Formula One driver Eddie Irvine won increased damages today for the use of a "doctored" photograph of him on a 1999 advertising leaflet for a radio station.

Northern Irishman Irvine, who was awarded 2,000 pounds ($3,160) last year by the High Court after he successfully sued commercial radio station TalkSPORT for damages over the leaflet, had the award increased to 25,000 pounds ($39,510) by the Court of Appeal.

The original photograph showed Irvine dressed in his racing gear and holding a mobile phone to his ear, but on the cover of the leaflet, the phone had been replaced with a radio bearing the logo of Talk Radio, the name of the station at the time.

"To my eye, the image on the front of the leaflet is the clearest representation that Mr Irvine has endorsed Talk Radio," said Lord Justice Jonathan Parker.

The court ruled the station would have had to pay 25,000 pounds to lawfully use the picture of Irvine. At the time of the leaflet Irvine was at the height of his career with Ferrari and finished second in the drivers' World Championship.

Irvine's counsel, Michael Briggs QC, had earlier told the Appeal Court that the Northern Irishman had a minimum endorsement price of around 25,000 to 35,000 pounds.

"This is a case about celebrity endorsement. That is what makes money for the celebrities, and sells product for the producers," he said last month.

Irvine is not competing in Formula One this year after losing his drive with Jaguar.

Published at 10:53:25 GMT



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