Frustrated wife; ex-employment question

[nt650hawk]

lets start .
1. Kate’s picture was taken and was used for promotional posters for all clinics. Nothing signed
2. She was let go from her job.
3. She has asked the owner to remove all proportions with her face as she will be working for a different company.
4. She would rather promote for the new company and NOT for the company that laid her off.

Does she have any clout to have the previous employer remove promotions? What if he does not remove the pictures? How can she act? Or does she have anything that she can stand on to get him to remove the promotions?

[gadget]

what is a proportional poster?

[jasnmar]

Did she have a contract?

[loudog]

Promotional posters, yeah?

[nt650hawk]

promotional , sorry

No contract.

[gadget]

I would guess that if she was being paid when the posters were created, the company, who paid her, owns them.

[G21forme]

I am not a lawyer but if said company is using her image/likeness without her contractual consent for the purpose of profit than she absolutely has a right to financial compensation or the cease and desist if the use of said liking. Sounds like a class act company.

[jasnmar]

Was her primary role one of promotions?

If not, in at least some cases courts have been finding these sorts of things as an invasion of privacy.

It's a blurry legal issue. You're probably better off talking to a lawyer than listening to someone like me .

[Garandman]

It would be most helpful if you first posted pics of wife.

Generally you have to sign a "Model Release Form" for an employer to use such pictures. Example.

MODEL RELEASE
In exchange for consideration received, I hereby give permission to [ your name here ] to use my name and photographic likeness in all forms and media for advertising, trade, and any other lawful purposes.

Print Name:

Signature:

Date:

If Model is under 18:
I, , am the parent/legal guardian of the individual named above, I have read this release and approve of its terms.

Print Name:

Signature:

Date:

http://www.nyip.com/ezine/techtips/m...#ixzz2JUc8An3J

There is a gray area. If you were photographed doing your job, or if you were doing your job in public, they might argue that a release is not necessary.

As a practical matter, unless they get a "Cease and Desist" letter, they're probably not going to do anything. You could say something like "Remove my photographic likeness from all forms of media."

[Awesome]

You will get no good answers here. You need to talk to a lawyer that can review the terms of her employment and end of employment to correlate how they apply.

[nt650hawk]

No model but in my eyes she is....kate

She was asked to part of a photo shoot to be used for promotional purposes. No consent forms. Photographer came and they asked the patient if it would be ok to have their activity photographed.

[snwbrdr435]

It would be most helpful if you first posted pics of wife.

Generally you have to sign a "Model Release Form" for an employer to use such pictures. Example.



There is a gray area. If you were photographed doing your job, or if you were doing your job in public, they might argue that a release is not necessary.

As a practical matter, unless they get a "Cease and Desist" letter, they're probably not going to do anything. You could say something like "Remove my photographic likeness from all forms of media."

Still need a model release. Gino I'll give you my take on this tomorrow night

[nt650hawk]

Jay ,
I had no idea what to tell her. Yes/no/maybe. just seeeing if it is even worth persuing.

- - - Updated - - -

Still need a model release. Gino I'll give you my take on this tomorrow night

[Imbeek]

http://www.malegislature.gov/Laws/Ge...r214/Section3a

If this went to trial, she would need to prove damages, among other things, if she wants to be compensated. If she won that type of claim, it's possible to receive TRIPLE the amount of damages. Or, she could sue just to stop the use.

Give the harsh penalties, it's likely a intelligently worded letter to the company would make them stop using her likeness, and it sounds like that is all she wants.

Pm me if you would like more assistance...

Gary

[nt650hawk]

Mods Combine..http://www.nestreetriders.com/forum/...ight=wife+laid




Bitter/Jaded/ pissed off. yea all of that and all deserved. Now they are looking to higher someone because they can’t keep up with the patient load. should have thought abotu that a few months ago.



Just wait till she starts at the new place on Monday. They won't have to worry about the patient laod......

http://www.malegislature.gov/Laws/Ge...r214/Section3a

If this went to trial, she would need to prove damages, among other things, to prevail. If she won, it's possible to receive TRIPLE the amount of damages.

Give the harsh penalties, it's likely a intelligently worded letter to the company would make them stop using her likeness, and it sounds like that is all she wants.

Pm me if you would like more assistance...

Gary

Thanks

[Awesome]

No model but in my eyes she is....kate

She was asked to part of a photo shoot to be used for promotional purposes. No consent forms. Photographer came and they asked the patient if it would be ok to have their activity photographed.

She was asked and agreed. Verbal contracts are as valid as any written release, just harder to prove. If you're honest, you have no ground.

[Kitt]

It would be most helpful if you first posted pics of wife.

Generally you have to sign a "Model Release Form" for an employer to use such pictures. Example.



There is a gray area. If you were photographed doing your job, or if you were doing your job in public, they might argue that a release is not necessary.

As a practical matter, unless they get a "Cease and Desist" letter from an attorney, they're probably not going to do anything.

Or... they counter sue for wasting their time. It sucks that she's on posters where she doesn't work, but I doubt anything will come of it as it seems like a petty retaliation by any attorney/judge. I am not in MARCOMM, but I do generate/direct some marketing material where we use photos of employees. We are covered by an authorization included in material we sign on hire, but we often have folks sign a photo release form each occurrence as a courtesy.

[snwbrdr435]

No model but in my eyes she is....kate

She was asked to part of a photo shoot to be used for promotional purposes. No consent forms. Photographer came and they asked the patient if it would be ok to have their activity photographed.

Yea there needs to be a model release there...

[Imbeek]

She was asked and agreed. Verbal contracts are as valid as any written release, just harder to prove. If you're honest, you have no ground.

Verbal contracts can certainly be binding in some situations but here, WRITTEN consent is required by statute. Applies to some areas of landlord-tenant law too.

Here is the first part of the statute I linked above (emphasis added):

Section 3A. Any person whose name, portrait or picture is used within the commonwealth for advertising purposes or for the purposes of trade without his written consent may bring a civil action in the superior court against the person so using his name, portrait or picture, to prevent and restrain the use thereof; and may recover damages for any injuries sustained by reason of such use.

In Kate's case, it is possible written consent exists elsewhere, like in her employment contract...

[jwm2k3]

Just get an attorney friend to type up a nice letter on firm stationary. The posters will be down faster than I can take a dump...

[ninjachica250]

If she gave consent to the photo(s) to be taken and used for promotional use, then said company has the understood rights of such photo(s).

If she no longer works for the company that is using the photo(s) she can issue a cease and desist order. State there is an 'creative difference' since she is no longer representing that company and all promotional work must end.

Good luck!

[mrezra]

I'm not a lwyer, but I play one on the Internet. I'll need a retainer before posting my somewhat-informed, best guess advice. Seriously, though, hire/talk to someone who knows what they are doing. I would make sure you dig up her old employment contract and read the fine print.

[TheIglu]

and may recover damages for any injuries sustained by reason of such use.

She would have to show damages.....

[SVRACER01]

Just get an attorney friend to type up a nice letter on firm stationary. The posters will be down faster than I can take a dump...

i like this, i would then add "or further action will be taken"
where are the posters at? just in the office or all over town?

[nt650hawk]

they are at multiple clinics.
She does know what she wants to do. Meaning probably nothing . Thanks for all your contributions. If she wants any further we have soeme Pm's Thanks guys.