using my swimsuit wt loss pix to represent different company w/o my permission

[seemural]

Ohio.
One and a half years ago, I used an internet weight loss site and entered their contest. I eventually won and they sent me cash and a cruise- both of which I used. This company closed down. They had gotten a bad rating on BBB.org and the owner started a new company just recently. I see where he is using photos of his winners from his previous business to advertise his new company, which is selling a book. He has put our pictures in the book, on his website, facebook pages, and in his infomercials on tv. From conversations I have had with some of the other winners, he has not contacted any of us to get permission to do this. When we submitted our applications for the contest with the first business, we knew that he could use our before/after photos for THAT company. But- what about this new company? He is posting direct "quotes" from us saying that we have read this book and followed its recommendations.
Is he allowed to use us in this manner? None of us have read this book, unless it is one that he called a different name on the other site. He is even posting video testimonials that some of us gave to promote the other companyand its products.
Is this legal? I'm not really happy with him using my name and image to promote himself since his last company behaved so badly.
What should I do, if anything? Thanks

 

[justalayman]

you will have to read your release you signed to find out exactly what is allowed and if he can utilize that release in his current endeavor.

 

[seemural]

I didn't sign a release

There was only a blanket release for the first company people signed when they sent their application in for the contest.
Nothing else was ever signed.

 

[justalayman]

and it said?????

 

[ariastar]

If the old company sold its assets, including your release, to the new company, you're SOL. If you signed a release with the standard info and permissions, then you didn't sign anything barring the old company from transferring ownership of your release. When you sign those things, you usually always end up giving them permission to use your images in ANY way they see fit. I've signed several myself, the most recent just last week. It's important to be sure that you trust the company. Unfortunately you are probably out of luck here.

Oh, funny story. An old pastor of mine modeled something or another for a small local body-building company, and his images and release ended up being sold to a company manufacturing products intended to help the user bulk up. His images were used to represent the "after", and they went on to be widely distributed. Rather than being mad, he found amusement in it, as did the people in his congregation. Sure, he hadn't used the products, and at least the images weren't obscene. Rather than making a big deal out of it, it was the source of some light-hearted teasing now and then.

 

[ariastar]

If the old company sold its assets, including your release, to the new company, you're SOL. If you signed a release with the standard info and permissions, then you didn't sign anything barring the old company from transferring ownership of your release. When you sign those things, you usually always end up giving them permission to use your images in ANY way they see fit. I've signed several myself, the most recent just last week. It's important to be sure that you trust the company. Unfortunately you are probably out of luck here.

Oh, funny story. An old pastor of mine modeled something or another for a small local body-building company, and his images and release ended up being sold to a company manufacturing products intended to help the user bulk up. His images were used to represent the "after", and they went on to be widely distributed. Rather than being mad, he found amusement in it, as did the people in his congregation. Sure, he hadn't used the products, and at least the images weren't obscene. Rather than making a big deal out of it, it was the source of some light-hearted teasing now and then.

See, no one really believes the people in these ads used the products anyway.

 

[seemural]

Found the copy of agreement-finally

Hi, It says in the contest guidelines that if I send in my application for the contest, these rules apply:
"By submitting our completed official rules and regulations guide in the BLANKyou are giving ___ and _____.com your express consent and permission for them to use your name, photographs, video footage, recorded voice, written responses, and any other material you submit … for promotional and advertising purposes to promote ____< ______.com, its business, its products and services, in any media and in any manner whatsoever, without limitation, restriction, or additional compensation, and such consent is deemed given by your entry and participation in the ______, even if you are not chose as a winner. Submission of your completed official rules and regulations guide shall be deemed your acceptance of these rules and regulations and your voluntary transfer to ______.com of all right, title, and interest, including copyright, of your photographs, audio and video footage of you and written responses. The total contents of your competed rules and regulations guide will become the sole property of ____ inc."
Then I submitted my contest packet by certified mail, won the contest, and they sent me my prizes thru the mail (certified check), and email links for my trip. They did not have me sign anything else.
Both prizes were "legitimate". I cashed the check, and went on a lovely trip with my husband.
The company I won the trip with, and the present company that is using my photographs is owned by the same person. He is claiming that I used his book and products from his current business- which I have not. He closed down his first business, probably due to many customer complaints, and the F rating from the BBB.
Sorry it took me so long to add this information. Life has been busy...
Thanks for any help/advice you may have!
seemural

 

[Hdwman]

Please post the pic

and let your FreeAdvice community see if you have a case...you will spend more than it is worth, feel flattered.