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what legal option do i have against former employer useing my image to advertise and market his business?
03-24-2014, 11:05 AM
Post: #1
what legal option do i have against former employer useing my image to advertise and market his business?
6 months ago I rendered a service to a Groom and his Groomsmen on his wedding day. The wedding party hired a proffessional photographer to photograph the service's i rendered to the wedding party..The photographer then posted all photos on his website for advertising purposes..Let me add that i never signed a consent form to allow the photographer to use my image even though the Groom is in the photos..That being said, my issue is not with the photographer ( should it be as well ) but with my employer poaching a few of the images off the photographers website and then posting them on his businesses website to use as a marketing tool, as well as contacting with an ad company called Graffiti to use my image to advertise..I also recently found out that he has my image on facebook for the business.. I expressly demanded that he stop useing my image to promote the business on my last day of employment and yet i still remain as the face of the business which i am no longer employed.. Nashville Tn is the state if this helps
Well i know for a fact that my ex-employer doesn't own the right's. Like i said he went to the photographer's website and copied some of the pictures and used them for advertiseing and marketing purposes with permission from the photographer..Never once did he ask me if i would mind..Not sure if the photographer owns them either since he never had me sign a release.. Would i be wrong to assume since my ex-employer and i never had any pre agreement concerning this matter that I own the right's.I am the focal point in the picture for which my ex- employer wishes to advertise the particuliar service i am shown providing.. The groom paid the photographer for the the photo's btw.. But like i said once they were taken from one site and used on another that constitutes copyright infrigement
No i wasn't at the reception.. The Groom and his party came to my work before the wedding to get hot lather face shaves with a staright razor

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03-24-2014, 11:14 AM
Post: #2
 
This is a who owns the copywrite thing. Is it You? Your client? The photographer?

Someone must have paid cash, Who was it?

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03-24-2014, 11:24 AM
Post: #3
 
Contact the photographer. If the business has indeed poached the photos, the photographer can sue for copyright infringement. Since your former employer is using them for advertising purposes, the photographer will unload a whole lot of ugly on him for stealing his images.

It is one thing for the photos to be on the photographer's site, it is completely different for your employer to use them. Anyone who attends a wedding or wedding reception does so with the knowledge that photos will most likely be taken and shared. If you are in the Witness Protection Program or are wanted by the police, you shouldn't go. Otherwise anyone's photos, professional or amateur, can end up on websites, Facebook, and other social media.

If the photographer can't get them off the other site, then you should write a letter to your former employer demanding that your image be removed and threatening legal action. Send it certified, return receipt requested. If he doesn't remove them, then contact an attorney.
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03-24-2014, 11:33 AM
Post: #4
 
First off the photographer probably had permission from the groom to use the pictures. You were at the reception and in a public place. They do no need a release from you. Your boss on the other hand is wrong. That said the photographer would have to go after him not you.
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