Peter, a Professional Water Skier, Was Very Prominent in His

Essay

Peter, a professional water skier, was very prominent in his field, having won numerous international championships prior to turning professional. As part of his work he was himself actively involved in promoting and marketing his name and reputation for commercial benefits.
Waterski Summer Camps Inc. operated a summer camp for children at which water-skiing was a central part of its camp program. In February, the camp hired ABC Advertising Co. to prepare promotional material for the summer camp. At this time it attempted to engage Peter to promote and participate in the summer camp. However, due to other engagements and a busy summer work schedule, Peter refused.
In connection with Peter's promotional activities he frequently used a famous photograph of himself skiing. ABC Advertising prepared without Peter's consent a live drawing stylisation of this photograph. There was a striking similarity between the drawing and the well-known photograph of Peter. It used the drawing in a pamphlet and advertisement prepared to promote the camp. The camp's general manager approved the use of the drawings in the advertising material.
When Peter discovered the drawing, he confronted the camp about its use. The manager stated that the camp did not intend to represent Peter in the drawing, rather to convey the impression of water-skiing. Peter instituted legal proceedings against the camp and the advertising company. Discuss the basis of his claim and the arguments he may use.