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Former Employer Using Photos in Advertisement Without Consent

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  • 09-15-2011, 06:40 AM
    Itsmeandnikki
    Former Employer Using Photos in Advertisement Without Consent
    My question involves small claims court in the state of: Washington D.C. Can someone make a lawsuit over a former employer using a photo of them on their company's website? The individual no longer works for the company, yet their photo is used as advertisement on the company's website Home Page.
  • 09-15-2011, 06:42 AM
    Mr. Knowitall
    Re: Former Employer Using Photos in Advertisement Without Consent
    Maybe. It depends upon the full facts, including when the picture was placed on the site and whether there was a signed release.
  • 09-15-2011, 12:45 PM
    davidmcbeth3
    Re: Former Employer Using Photos in Advertisement Without Consent
    Quote:

    Quoting Mr. Knowitall
    View Post
    Maybe. It depends upon the full facts, including when the picture was placed on the site and whether there was a signed release.

    No signed release = trouble for the company. A simple letter to stop should suffice. Its not a million dollar case.
  • 09-22-2011, 05:08 AM
    Itsmeandnikki
    Re: Former Employer Using Photos in Advertisement Without Consent
    This picture was put up about three years ago, and there was NO signed release on the part of the former employer.
  • 09-22-2011, 05:29 AM
    Mr. Knowitall
    Re: Former Employer Using Photos in Advertisement Without Consent
    If it went up three years ago when the person was with the company, it's reasonable to infer both that the employee knew about it and that the company had their express or implied permission to use it.

    They're free to ask their ex-employer to stop.
  • 09-22-2011, 06:06 AM
    eerelations
    Re: Former Employer Using Photos in Advertisement Without Consent
    Small claims court doesn't handle stuff like this. If you ask the employer to remove the photo and the employer refuses, your next step is to have an attorney send a cease and desist letter. If that doesn't work, then you have the attorney file suit in civil court. At this point, you'll have to provide a list of actual damages sustained by you as a result of this photo remaining on the employer's website.
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