Can ABC Use Isaiah Washington's Image on 'Grey's Anatomy'?

Posted by Eriq Gardner

Isaiah Washington and his lawyer, Peter Nelson, have raised an interesting legal question with the complaint filed with SAG over ABC's use of Washington's image on a recent episode of "Grey's Anatomy."

The actor played Dr. Preston Burke and left the show in 2007 amid controversy about an off-air comment about a castmate. He now takes issue with the show's use of his photograph in the May 9 episode, where a newspaper clipping revealed that Dr. Burke had won a prestigious surgeon's award, thus explaining to viewers what happened to the departed character.

"They have the rights of the character to advance the story, but not the image," says Nelson. The actor is looking for a "financial settlement."

We're wondering what sort of reproduction of Washington's image was used. The show not only owns rights to the character but also rights to past episodes, so let's hope (for ABC's sake) they used a screen shot. We're guessing they didn't.

Interestingly, the issue of image rights comes as actors and studios are in dispute over compensation for online clips. If there's one big difference between SAG and the other guilds that signed new agreements earlier in the year, it's image.