can a business use my picture on their website if I do not work for them?

Question

I was employed by this company in the past, and I was in the photo of the business office. (without my knowlege or consent)
The company I am with now does not appreciate my picture on a competitor's web site.
Thanks for the info. :)

Answer 1

Put it this way, if you did not release your image to be published by anyone, you can sue them. If you ever DID sign a release to a photographer, it may be then that you released the image to whomever the photog wanted to sell it to. The rare exception would be in a fair use situation, such as a street scene publised in conjunction with a newspaper story.

Answer 2

It depends. Many times you've entered into an implicit agreement without realizing it. This happens when you sign up for one of their classes or apply for something. There's often language in there allowing them to use your likeness in promotional materials.

It's also permissible if they are not advertising, but rather are "reporting". This happens when they do things like post pictures from their local rally or sidewalk sales. YOU are not the focus of the report, so your presence is accidental.

They can do it if you signed a waiver, as long as they keep it on file.

They can do it if they're showing footage of their store and you walk through the shot (much like the "accidental participation" above).

They can also do it if the photo is copyrighted and they own the rights to it, with or without a waiver, as long as they're not selling the image.

So it's not cut and dry and many of the answers you were given only apply to advertising materials and not to websites.

Answer 3

photographers must have a release from any model depicted in a photograph in order to sell it or use it for marketing efforts.

So if your employer took the photo, you might be hosed. When you started employment, you may have agreed in your hiring paperwork to participate in marketing efforts, including photographs.

If an outside professional photographer took it, you might have something to approach the competing company with. You can contact the company, notify them that you did not sign a model release when that photo was taken, and demand royalties of some exhorbitant amount in order to use that photograph. Otherwise, you plan to take legal action against the photographer and the company for improperly using your likeness on their web site.

Answer 4

Unless you own the copyright on that photograph, they can do anything with the picture they wish to do!

Answer 5

to use your llikeness without your permission is against the law, privacy and advertising wise

Answer 6

They need to get your permission first.

Answer 7

only if you give them written permission to use your image.

Answer 8

Obviously not!