Re: Brochure Photo

Subject: Re: Re: Brochure Photo

Comments:
: : 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? : Dear Mark, : 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 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop(sm) : E arly L egal A dvice I s N ot E xpensive(sm)

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