illegal use of my photo

[jgo]

What is the name of your state? ca
I came into work one morning to a group meeting and a new company brochure was passed out and to my surprise, there was my picture on the cover. the new brochure was passed out to all the employees to look at. i exclaimed-wow-there is my mug on the cover, i did not give my permission to be on this advertising piece. my immediate supervisor said that she would inform the director of my concern. Knowing the legality of permission to use a photo of me without my consent i met with the director to ask for compensation. any one have a clue as to the amount to which i can ask for?

 

[Beth3]

Has it occurred to you that while you may get a couple of bucks from your employer in exchange for signing a release they forgot about you may lose your job? If they decide they don't like your attitude about this and your attempt to strong-arm them for a few bucks, it would be perfectly legal for them to discharge you.

 

[I AM ALWAYS LIABLE]

My response:

You are correct about what your employer did without your express, written, consent. You would have a claim for invasion of privacy - - if you sustain it by proving malice, oppression or fraud.

In addition to the invasion of privacy claim, anyone using another's "name, voice, signature, photograph or likeness" for commercial purposes without consent is liable for the injured party's actual damages or $750, whichever is greater. [See Ca Civil § 3344]

However, I agree with Beth. Anyone who would "strongarm" me, and not be a "team player", would be paid by me - - in fact, I'd cut them a check right there on the spot for the use of their photo likeness.

And then, right after the employee signs the "model release", I'd keep them in the office at my desk until I finish writing their final paycheck.

IAAL

 

[cbg]

And in anticipation of the search for a new job afterwards:

Interviewer: Why did you leave your last job?

jgo: My employer forgot to get a release from me before putting my photo on a marketing brochure, and they fired me when I demanded that they compensate me for it.

Interviewer: Next candidate, please.

You are not being damaged in any way by having your photo on that brochure. Yes, they forgot the release. In what way does that harm you? Using an innocent clerical error for your own financial gain, even though you are technically correct, does not put you in a good light.

Let it go.