When Lydia Jahnke took a photo of herself standing at the top of Mount Mee, north of Brisbane, in July last year she simply uploaded it to her Instagram account as so many others do. It was a beautiful photo that showed the back of Jahnke, dressed in a Lorna Jane top, with her arms stretched up looking over the mountain ranges.
Lorna Jane, the fitness company, seems to like the photo too. In fact they liked it so much they reposted it on their own Instagram account. This is something many brands do, which is usually to the delight of the original photographer as the audience that sees their photo grows immensely.
However Lorna Jane did not stop there. The company reprinted the photo without Jahne’s permission and put it onto their t-shirts together with the saying “The woman on top of the mountain did not fall there.”
When Jahne discovered her image was being used to sell $59.99 Lorna Jane t-shirts she went to seek legal advice. Simpsons Solicitors say Ms Jahnke is entitled to ask for damages, including a licensing fee and profits from the t-shirts.
Ms Jahnke said she wanted an apology from the company.
A spokeswoman from Lorna Jane told Daily Mail Australia she could not comment on the situation.
‘This matter is currently being resolved between the parties and as such Lorna Jane doesn’t believe it’s appropriate to comment any further.’
Do you think the teenager should be compensated by the company for using her image without asking permission?
Images courtesy of Instagram and Lorna Jane