Final answer:
A company can be sued for using an unauthorized image of a movie star in an advertisement. The use of such an image could violate the right of publicity and false advertising laws, potentially resulting in legal action and damages.
Step-by-step explanation:
Yes, a company can be sued for using an unauthorized picture of a movie star in an advertisement without permission. This could potentially violate the right of publicity, which is the right of an individual to control the commercial use of their identity, such as their image or likeness. Additionally, if the use of the image implies an endorsement by the movie star that is not true, it could constitute false advertising.
In cases involving public figures, such as movie stars, there is a higher threshold for what constitutes defamation, as established by New York Times Co. v. Sullivan, where malice or a reckless disregard for the truth must be demonstrated. However, for unauthorized usage of an individual's image, the standards are different. For example, in a similar situation, Katie Holmes filed a $50 million lawsuit after an unauthorized implication in a headline, and a settlement was reached that included an apology and a donation to charity.
Therefore, the company using the unauthorized image may face legal repercussions, including a lawsuit claiming damages for misappropriation of likeness or false endorsement. The company could be required to cease the use of the advertisement, issue a retraction or apology, and possibly pay damages to the movie star.
Libel and Slander Standards for Public Figures
It's important to note that public figures must prove that the publisher acted in reckless disregard when publishing false information, as per the landmark case Curtis Publishing Co. v. Butts. However, this standard relates to libel and slander claims, not unauthorized usage.