I need legal advice against my employer in california?

rwa000

re-write your question it doesn't make sense

class member

IMAGE ???..what image..you didn't say.

Assuming it was YOUR image, and they never asked your permission:
1) does your work contract give them the right to do that ?
2) did they let you know they were about to take your picture
and that it was or might be used in advertising ?
3) did they take it without your knowledge or permission and do you feel in some way harmed by their use of it ??

Unless you agreed, they had to ask your permission and get your consent, and let you know how the photo was to be used first. If they failed to do this and nothing in writing gave them permission, they were just trying to make a buck off you.

So, what are your damages...have you lost money ?? no....
Has your reputation been damaged ??? no....

So, unless they held you out to public ridicule, either inadvertently or on purpose, which I highly doubt...you have a simple invasion of privacy, since you're not a public star or figure that makes money with their likeness or name.

It's unfortunate the pic didn't come out more to your liking.

I suggest you just tell they you hated your pic that they used and ask they get your permission if they do it again and give you the right to pick the one you that you like best.

Then, if they do it again...you MIGHT have an action.

Make a stink, and you'll be fired in all probability.

talk to them, not to us..now WE'LL be looking for your pic, what company did you say that was ?????

Heather V

your answer makes no sense

patticharron

Your post is not clear. I am going to assume that you mean to say "my employer used MY image . . . "

When anyone uses your image such that is clear enough to identify you, he must get a "model release" from you, which states your permission to use the image.

(If the image is, say, the back of your head, or a dark profile that does not reveal your identify, a model release is not necessary.)

So, if the images is clear enough for others to recognize you AND a model release was not signed to grant permission to use the image, there is potentially a a problem for the business.

If you employer has launched an expensive advertising campaign that includes your image, he's not likely to want to scrap the whole thing because because you're unhappy. Anything you do at this point, other than be quiet, will create tension between you and your employer that can affect you badly when, in fact, the employer is the one who caused the problem.

The employer obviously feels that the use of your image will help promote the business and thus increase revenues. Therefore, you are entitled to benefit. You should have at least been compenstated as a model and in exchange, signed a release.

Consult with an attorney. Look in the phone book and find one that offers an initial consult for free. If you can't find one for free, ask for a 15 or 30 minute meeting and pay for it. In the long run, the advice you get will no doubt be worth it.

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