I am in a company group photo (approx 15 people) that is used in all facets of marketing for a company - website, brochures, etc. If I have been terminated by the company, and I wish to sever all connections with the company, do I have a legal right to ask my photo be removed from all marketing material? Or do they own the right to use that image since I was an employee at the time it was taken?
2007-03-30 11:27:57 · 5 answers · asked by SpookyPhish 1 in Business & Finance ➔ Advertising & Marketing ➔ Other - Advertising & Marketing
Rarely a company askes its employees for signing papers stating that their photo would/ could be used for specific purposed ( unless you are a model, celebrity, or employeed for specif perpose of promotion). This grey area remains subject of debate and legal advice.
What companies do get signed is that
1. All the documents signed by employee
2. All the research work done by employee
3. Other infomation/ trainning received by employee should not be shared/ communicated to any outsider.
Since personal identity can not be used unless specific contract is signed and/ or a financial commitment has been made to use a person's personal identity, you can -
1. Send a letter to company with request for removing your photograph. Dont forget to collect a receipt of receiving such letter.
2. If company doesn;t respond, file a complaint with the local court and ask for
a. defamation suit
b. Identity theft suit
c. breach of privacy suit
Just go through your employment offer letter and joining letter and check for a clause, where the company has aksed to use your identity for promotions. If its not there, file a suit and even if is there, they can not use it after your contract has expired.
In advertising field, identity or personal brand contarct contain a clause, which define as to how long a company can use their identity for commercial purpose and what would be the relative compensation. Since you were not emplyed for that specific purpose, you have all the rights to ask company to remove it.
Cheers!!!
2007-03-30 21:08:49 · answer #1 · answered by perfactionist 2 · 0⤊ 0⤋
Interesting question. When you went to work for the comapny there may have been documents that you signed that gave them to use your intellectual property which includes your picture.
Most people never read those documents and throw them away. My guess is you have no rights.
Dah dude.
2007-03-30 18:33:33 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Sure you can ask. Just don't expect them to comply. They have the right to use the image for as long as they wish.
2007-03-30 18:43:10 · answer #3 · answered by Bostonian In MO 7 · 2⤊ 0⤋
if you signed a contract then you have to wait until it expire, if you didn't then tell them to stop using it.
2007-03-31 13:42:55 · answer #4 · answered by josephcodner 2 · 0⤊ 0⤋
NO
2007-03-30 20:59:46 · answer #5 · answered by cork 7 · 0⤊ 2⤋