Re: Brochure Photo
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Posted by M Arthur Auslander on November 12, 2001 at 23:17:51:
In Reply to: Brochure Photo posted by Mark on November 12, 2001 at 11:29:27:
: A few years ago while I was employed with a company, say Company A I was involved with a photo shoot for a company brochure. The company has since been purchased by Company B after a couple years Company B relocated the business.
: Company B has reprinted the Brochure showing Company B and now division A with my photo. Here is the problem. I am now a competitor to Company B and in direct competition to Company B, Division A. I posted a website showing the photograph of me, scanned from the Brochure. Company B has found out about my website and have demanded that I discontinue the use of the photo. Basically, they describe the photo as a man with etc..... They are unaware that the man is actually me.
: I may or may not have signed a waiver for compensation claims (I have no copy of any signed release) but because I am now a direct competitor I would like them to stop using my photo in their Brochures. Do I have recourse. Can I ask them to remove the picture at their next reprint? Can I still use the photo?
: I am not sure they will have a copy either of any signed release and if they don't (chances are they have nothing) what can I do?
Without taking professional responsibility for this answer, my suggestion is to strongly insist that they stop. My gut says that they cannot use a picture of you commercially without your release.
I think the burden is in them to show a release.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
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