Can a former employer use my picture in current advertising without compensating me? I signed no release ever.
While in employed at my last job, all of the managers were photographed for a magazine cover. We did not sign a release, but knew what its purpose was. Now the company is using the same photo again in their company brochure and I am no longer employed there. Do they legally have the right to use that picture without compensating me? What kind of lawyer do I see to pursue this if there truly is a case?
Answers:
Keep in mind that advertising goes to press well in advance of the actual time you see it in publication. It may well have been too late to stop the publication and there is likely a very gray area here.
If you go to findlaw.com, they will let you type in your question, and submit it to several types of attorneys, I think.
Generally, I would start with an employment attorney. Usually they will tell you to go someplace else if they don't cover it -- and usually recommend an attorney too.
Depends on your state laws. This is a good article discussing the legalities of photographs and releases: http://www.publaw.com/photo.html...
When you originally took the picture it was taken voluntarily. By your own admission, you knew the picture was being taken and that it was going to be used publicly in a magazine. If you objected to the picture you had an obligation to take action when the picture was taken. Now that the picture has been taken it belongs to the business. Since they are using the picture for a business related purpose (ie, company brochures) they don't require a release as the picture was being taken for marketing purposes. If they wanted to sell the picture to a third party that may be another story. Otherwise you don't have a chance.
If you would have signed the first time probably yes but since you never signed it seems that they did a mistake by not requiring it.
I'm a photographer myself and yes they were supposed to make sure you sign a "release" before publishing any photo of yours.
Just because you agreed to have your picture taken doesn't mean you agree to have your picture "published" and "re-published" and that's a big deference. Yes they own the picture they took of you BUT they cannot publish it without your concent.
If they don't have your signed consent to publish the picture they can't do it. That's why all photogrphers require their models signing a "release" consenting the publication and exibition (present or future) of any picture as agreed in the the contract.
Your best chances is hiring a "copyright" lawyer, they deal with all aspects of privacy, image ownership, copyright etc. Don't assume that a regular lawyer will be "OK".
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