Farmer files lawsuit over use of his picture

Farmer files lawsuit over use of his picture - Roanoke.com

Courtesy of Roanoke County Circuit Court

Botetourt County farmer Andrew Marsinko says this photo of him was used on a birthday card without his permission.

Andrew Marsinko didn't know that a photo taken of him with a goose had been used in a slightly naughty birthday card until complete strangers started poking fun at him.

Now the Botetourt County poultry farmer has responded with a lawsuit intended to cook the goose of everyone involved.

The complaint filed in Roanoke County Circuit Court seeks $7.5 million in damages from the photographers who took the photo, the companies that offered the photo as a stock image and the companies that created and sold the card.

The central issue revolves around whether Marsinko signed a release allowing his photo to be used for commercial purposes. In the lawsuit, he says he didn't.

"That's not something you want to wake up and find out's been done," said Roanoke lawyer David Harrison who represents Marsinko.

The front of the card features Marsinko in a cowboy hat holding a goose on one knee, with a balloon that reads, "Since it's your birthday, you decide -- Would you rather get spanked ..." The inside reads, "Or goosed? Happy birthday!"