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Shortly after his retirement, future first ballot Hall of Famer Tim Duncan discovered that his image was being used by a realtor to advertise their business. Appalled, Duncan and his agent immediately filed a lawsuit.
His lawyer's statement on the matter, via Express-News:
“It was just so blatant and so shameless,” Michael D. Bernard, a lawyer representing Duncan, told the paper. “We don’t want people to think this is OK or that it goes unnoticed, because it doesn’t. There is a consequence to it.”
The image was created by Robert Elder for Keller Williams Realty's website, as well as his own professional page. He never asked for Duncan's consent, or for the rights to the photo that was doctored.
Just about a month after the process was initially reported, the suit has been settled. Elder has resigned from his position, and the firm has taken full responsibility for the incident.
Here's the statement from Sarah Marshall, the spokesperson for Keller Williams (via My San Antonio):
“We worked closely with Mr. Duncan’s legal team to resolve the matter in a quick and professional manner and the suit has now been settled.”
After the settlement was reached, Bernard filed a motion to dismiss the case:
“I think the issue is over,” Bernarnd said. Elder’s “apologized for his actions, and I think we’re satisfied and moving on.”
The terms of the settlement are undisclosed.
My San Antonio's Patrick Danner also reports that Elder has since taken a job with Bradfield Properties Inc. He declined to make a statement on the matter.
Elder also had doctored photos on his professional Facebook page of Eva Longoria, Mark Wahlberg, and Dwayne “The Rock” Johnson holding signs with his logo and phone number. They've since been taken down.
Duncan was praised by Sara Brooke Lyons, who took the original photo of Tim for her “1005 Faces” project:
“Thanks for having my back Tim!” she wrote on her Facebook page after the suit was filed. “I know he's got more important things going on. What an incredible guy to be willing to fight for image rights; a battle photographers are constantly at odds with.”
