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isis297

Member
I live in NY.

I work for a company that is hired to manage storage properties. I had managed a property for 2 1/2 yrs which was the first of three during that time for that specific owner group.

Early on, one of the owners took pictures of the property to put online and a few of me were included. Eventually, I had a couple of units there that were half price. I always saw that as we were helping each other out.

Before I knew it, they had an entire online marketing campaign that one of the pictures was used for. My district manager and I had made comments about advertising and getting paid for it, but the one representative from the owner group would just kind of laugh it off and, again, I had discounted rent so I was still ok with it even though we didn't have anything in writing.

Earlier this year, the owner group pulled out of their contract with my employer. To add to matters, when she discussed the fee for early termination, they threatened to pull the other two properties as well, so it's my understanding, she didn't charge them. A month later, they notified her they were pulling the other two properties.

I have still had my units there as my husband died suddenly a couple of months after all of this happened. I just started a rental at another property so I could move things out, but I'm not done yet with the holidays and them being the first. I received notice that my rates were going up by $45/ unit. I asked for one month extension in light of the holidays. The owner representative said that he would have to ask, but that they felt they had been fair in the time they had given me at the rates they had. I reminded him that they are still using my pictures on their website, on Google, on Yelp... the one on Yelp had a date with the company name of this past August, after they pulled from my employer. I told him that when I was the face of the property and when they were still honoring my rates, I didn't mind, but that I expected us both to part ways since they don't have a contract with me and I would not be basically being reimbursed for the use of my image. He hasn't responded.

Do I have grounds to ask this of them, to take the pictures down, and is it legal for me to ask for this month extension since I literally just took screen shots of these pictures the day I wrote him?
 


adjusterjack

Senior Member
It's always legal to "ask."

When they say no, which appears obvious, then what?

Are you prepared to hire an attorney and litigate?

If not, then get your stuff and get on with your life.
 

quincy

Senior Member
I live in NY.

I work for a company that is hired to manage storage properties. I had managed a property for 2 1/2 yrs which was the first of three during that time for that specific owner group.

Early on, one of the owners took pictures of the property to put online and a few of me were included. Eventually, I had a couple of units there that were half price. I always saw that as we were helping each other out.

Before I knew it, they had an entire online marketing campaign that one of the pictures was used for. My district manager and I had made comments about advertising and getting paid for it, but the one representative from the owner group would just kind of laugh it off and, again, I had discounted rent so I was still ok with it even though we didn't have anything in writing.

Earlier this year, the owner group pulled out of their contract with my employer. To add to matters, when she discussed the fee for early termination, they threatened to pull the other two properties as well, so it's my understanding, she didn't charge them. A month later, they notified her they were pulling the other two properties.

I have still had my units there as my husband died suddenly a couple of months after all of this happened. I just started a rental at another property so I could move things out, but I'm not done yet with the holidays and them being the first. I received notice that my rates were going up by $45/ unit. I asked for one month extension in light of the holidays. The owner representative said that he would have to ask, but that they felt they had been fair in the time they had given me at the rates they had. I reminded him that they are still using my pictures on their website, on Google, on Yelp... the one on Yelp had a date with the company name of this past August, after they pulled from my employer. I told him that when I was the face of the property and when they were still honoring my rates, I didn't mind, but that I expected us both to part ways since they don't have a contract with me and I would not be basically being reimbursed for the use of my image. He hasn't responded.

Do I have grounds to ask this of them, to take the pictures down, and is it legal for me to ask for this month extension since I literally just took screen shots of these pictures the day I wrote him?
Although the owner who took the photos of you owns the copyrights in the photos, you have privacy/publicity rights in your image, giving you the right to determine how (or if) your image will be used.

Usually there will be a written contract between photographer and “model” that details the terms and conditions of use of the images. Without an agreement transferring or licensing or granting personality rights to the photographer, the individual pictured in photos used for a commercial purpose can demand removal of images and/or compensation for the use of the images.

https://law.justia.com/codes/new-york/cvr/article-5/50/

https://law.justia.com/codes/new-york/cvr/article-5/51/
 
Last edited:

zddoodah

Active Member
Do I have grounds to ask this of them, to take the pictures down, and is it legal for me to ask for this month extension since I literally just took screen shots of these pictures the day I wrote him?

I'm not sure what you mean by "grounds to ask" or why you think it wouldn't be legal for you to ask for anything you want.

Unless you have a contract that says otherwise, you have an absolute right to demand removal of you image from all advertising and, if the company doesn't comply with such a demand, you can sue.
 

quincy

Senior Member
I'm not sure what you mean by "grounds to ask" or why you think it wouldn't be legal for you to ask for anything you want.

Unless you have a contract that says otherwise, you have an absolute right to demand removal of you image from all advertising and, if the company doesn't comply with such a demand, you can sue.
It seems relatively clear to me that isis297 is asking in the original post if there is any legal support to back up a demand for removal. Such legal support was provided.
 

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