Hoffman scores again
L.A. Magazine to pay another $1.5 mil for 'Tootsie' photo
Last week, after a four-day, nonjury trial, U.S. District Court Judge Dickran Tevrizian awarded Hoffman $1.5 million in compensatory damages.
Hoffman's attorney, Charles Shephard of Greenberg, Glusker, Fields, Claman & Machtinger, said, "The court was rightfully offended by the conduct of Los Angeles Magazine and wanted to send a message to deter other wrongdoers."
In his opinion last week, Tevrizian in Los Angeles found that Hoffman's right of publicity had been violated when the mag used computer technology to create a picture of Hoffman in a designer gown and shoes. The judge also ruled that Hoffman was entitled to punitive damages because the magazine's use of his name and likeness were "done in conscious disregard of Mr. Hoffman's rights."
At Thursday's hearing, the judge ruled that the appropriate amount of the punitive award was $1.5 million, bringing the total judgment to $3 million.
At trial, the magazine acknowledged that it had not sought or received permission for the photo spread from Hoffman.
Los Angeles Magazine is owned by ABC Inc., which in turn is owned by the Walt Disney Co. Although the judge declined to hold the parent companies liable, it is expected that they will pay any judgment against the magazine.
Hoffman sued after he learned about the magazine's March 1997 fashion spread titled "Grand Illusion," consisting of photos of movie stars, ranging from Vivien Leigh to Susan Sarandon, who were dressed in the latest fashions through the magic of computer technology.
In Hoffman's case, the poster from "Tootsie," which showed Hoffman in a long-sleeved red gown, had been recreated to show him in a yellow gown with spaghetti straps.
