Warner Bros Ordered to Pay €250,000 for Unauthorized Use of Moroccan Man’s Photo in Film

"The Accountant" is the name of the film, released in 2016, starring Ben Affleck and in which appears, just for a second, the photo of the Moroccan businessman, among other photos illustrating the Gambino crime family. But the man presented as a mobster is actually a Moroccan businessman (his identity has not been revealed) living in Valencia. He had not even been contacted by the film’s producers to take his photo.

Thus, as soon as the film was released in which his son identified him, he claimed 250,000 euros from the Hollywood studios, as well as a share of the box office receipts in Spain, reports The Guardian. He argued that his moral reputation and his business have been affected due to his association with the mafia in the film.

During the trial, the Valencia court indicated that the photo appears in the 115-minute film for only one second. In addition, the photo was taken on the basis of an FBI arrest warrant issued against the businessman in question, since he was the author of a computer fraud in 2004 that earned him imprisonment.

Despite his criminal record, the Spanish justice system ruled in his favor, justifying that the photo was used "without any kind of consent, tacit or explicit" and that it appeared under a label stating "Alleged associates of the Gambino family". Thus, the judge awarded him the 250,000 euros in damages, and rejected the claim for loss of earnings, since the Moroccan failed to justify a change in his financial situation.