I think whatever Dieter “Didi” Senft asks for should be paid. Zwift used his ‘licensed’ likeness, then promptly removed it. Maybe it will return for this Saturday’s race. but, I’m worried he is gone for good.
First release:
I don’t know. It can definitely be argued that Zwift is not making money off his likeness. I think it would be harder to argue that Zwift is making money due to the use of his likeness. If I dressed up like him and ran around at a TdF stage or the Giro, would I have to pay him? Where’s the line?
Was there news he was asked to be paid?
If it were me, I would think it would be cool to see my “likeness” in Zwift. To each their own.
There was a similar rumor after GCN YouTube channel showed him in their opening video montage each week. Then, the next week it was basically the same but without him in it any longer.
The yellow pitchforks painted on the road are all erased as well.
I can only speak for UK law, but the issues that could arise are either advertising and passing off - put simply that the Devil looks like he is endorsing Zwift and/or the Tour Virtuel, and he is damaged in some way by his unauthorised inclusion. Or possibly he has trade marked his image (seems a little tricky to TM the Devil). I don’t think breach of Art 8 rights to privacy/family life and defamation arise here. It may be the ASO is involved in some way I suppose.
Boring answer to a fun question. Sorry.
He’s back today! Maybe just for the Tour or for good. Either way, grab a shot while you pass him right before Reynard arch. Going myself soon.
