Can my employeer use my name and pic for advertising?

[tonyscj5]

I live in California.

I am currently working at a local lumber yard while I attend college. My question is regarding advertising.

Recently the company started an advertising campaighn involving weekly ads in a local paper. A photographer from the paper came to the yard and took everyones individual picture. For the last two weeks a picture of an employee has been featured in the paper including a "slogan" related to service above their picture. This slogan was made up by an older man who does not work at our store, but a different store owned by the same company. The slogan used has been taken the wrong way by all the customers and community members, giving it a X rated conotation. My picture has not yet been featured, but will probably be in the next few weeks.

Personally I dont want to hear about this ad in my personal life for the months ahead by everyone who reads the paper.

I recently went to teh store where the guy who is in charge of advertising works, and asked him very politly if he could please leave my picture out of the advertising. He didn't take it well and got very up set, not giving me an aswer. He just said he will talk to the owners about it. I didn't and don't want to make a big deal out of this, since it is just a one week ad. But... I fear I will hear about this from my manager.

I am wondering if it is legal for them to post my name and picture in the paper without my consent, and after I asked them not to use it? I don't want to sue anyone, just maybe have a printed out legal document that says that they can't do this should it ever come up agian.

thanks for yoru help

TF

 

[HomeGuru]

I live in California.

I am currently working at a local lumber yard while I attend college. My question is regarding advertising.

Recently the company started an advertising campaighn involving weekly ads in a local paper. A photographer from the paper came to the yard and took everyones individual picture. For the last two weeks a picture of an employee has been featured in the paper including a "slogan" related to service above their picture. This slogan was made up by an older man who does not work at our store, but a different store owned by the same company. The slogan used has been taken the wrong way by all the customers and community members, giving it a X rated conotation. My picture has not yet been featured, but will probably be in the next few weeks.

Personally I dont want to hear about this ad in my personal life for the months ahead by everyone who reads the paper.

I recently went to teh store where the guy who is in charge of advertising works, and asked him very politly if he could please leave my picture out of the advertising. He didn't take it well and got very up set, not giving me an aswer. He just said he will talk to the owners about it. I didn't and don't want to make a big deal out of this, since it is just a one week ad. But... I fear I will hear about this from my manager.

I am wondering if it is legal for them to post my name and picture in the paper without my consent, and after I asked them not to use it? I don't want to sue anyone, just maybe have a printed out legal document that says that they can't do this should it ever come up agian.

thanks for yoru help

TF

**A: so what's the slogan? And what did your boss tell you when you mentioned your position?

 

[tonyscj5]

The slogan is "We give great Service" , which obviously is not a big deal, which is why I dont want to make a big deal out of it and make myself look like an ass. But the past ads have resulted in a few people having to hear comments sarcastic comments from just about every cutomer that comes into the yard.

I am just trying to avoid that, I didn't think it would be that big off a deal for them to leave me out.

The advertising guy, just got all hot and said I can talk to the owners if I have a problem, and pretty much he isn't going to change it.

So I guess I am wondering if it is legal for a company to use an employee's name and picture for advertising with out the employee's consent. Or does the fact that I let them take my picture nullify that(even though I was unaware of the context in which my pic was going to be used at the time).

thanks

 

[krispenstpeter]

"We give great Service"

Isn't that what DIVINE gave to Hugh Grant????

 

[tonyscj5]

so is it legal for a company to use an employee's picture for advertising without the employee's consent, or if the employee says no.

TF

 

[I AM ALWAYS LIABLE]

TOP 10 Slogans Your Boss Uses With Your Picture In His Advertising - -

NUMBER 10: Waddle over and buy some lumber.

NUMBER 9: We'll pick your pocket and overcharge you!

NUMBER 8: Come see the kind of crap we sell that passes for building materials!

NUMBER 7: We're crushing the competition -- and our customer's cars!

NUMBER 6: Our lumber yard allows you to smoke!

NUMBER 5: Wanna screw?

NUMBER 4: I'm packin' wood!

NUMBER 3: Share The Excitement of Our Sale, Or We'll Beat Your Brains In With a Piece of Wood.

NUMBER 2: As part of an advertising deal with Dinty Moore, your boss has you pictured knee-deep in stew.

AND NOW, the NUMBER ONE Slogan Your Boss Uses With Your Picture In His Advertising - -

If I don't say, "Thank you, come again", you get a free lap dance from me!


IAAL

 

[coosi]

Tony,

Unfortunately, the service on this forum is not always great. I am not a lawyer and don't have your legal answer, but keep checking back, with a little luck you may get a lawyer that knows the answer to your question...

 

[HomeGuru]

Tony,

Unfortunately, the service on this forum is not always great.

**A: what? IAAL's Top Ten on this thread is killer!

 

[I AM ALWAYS LIABLE]

Tony,

Unfortunately, Coosi is an idiot. I already know your answer, but let's face it, this is your employer and in this job market, there's really nothing you're going to do anyway - - unless you don't mind pounding the pavement again, and collecting unemployment.

IAAL

 

[coosi]

Tony,

Unfortunately, the service on this forum is not always great. I am not a lawyer and don't have your legal answer, but keep checking back, with a little luck you may get a lawyer that knows the answer to your question...

 

[I AM ALWAYS LIABLE]

Tony,

I am not a lawyer and don't have your legal answer

=========================================

My response:

And don't you forget it, either. Sometimes, idiot stick, abstinence from advising someone is the better part of "lawyering" in order to keep that someone from making a mountain out of a molehill, and losing their job in the bargain.

IAAL

 

[coosi]

My response:

And don't you forget it, either. Sometimes, idiot stick, abstinence from advising someone is the better part of "lawyering" in order to keep that someone from making a mountain out of a molehill, and losing their job in the bargain.

IAAL

Oh, so your lists and derogatory comments are actually thoughtful, compassionate answers, designed to protect people from making the wrong decisions. I knew there must be a good answer. What a relief, my faith in the legal community has been restored...

 

[Shay-Pari'e]

If I may,

Poster, From your post I am assuming you consented to the picture taking, (You stated all employees are featured) and if the advertising company has your written approval then you may be out of luck.

 

[I AM ALWAYS LIABLE]

My response:

And don't you forget it, either. Sometimes, idiot stick, abstinence from advising someone is the better part of "lawyering" in order to keep that someone from making a mountain out of a molehill, and losing their job in the bargain.

IAAL

Oh, so your lists and derogatory comments are actually thoughtful, compassionate answers, designed to protect people from making the wrong decisions. I knew there must be a good answer. What a relief, my faith in the legal community has been restored...

My response:

Now you're catching on, idiot.

IAAL

 

[tonyscj5]

I consented to letting them take my picture, before I knew what was going to accompany the pic. I am not going to cause problems and lose my job, I just want to have something should they come to me about it.

If you already know the answer then say it. I was hoping their would be some law book on line you all could point me too where I could directly quote the law from????

thanks