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Can I collect royalities for unauthorized use of my image on a commercial product

Asked over 3 years ago - New York, NY

While I worked for a company in New York my photo was taken with my knowledge. Now, years after the photo has been taken and years after I have left the company I have found this photo being used on a product that is being sold commercially. My photo (and that of some other people) is being used on the front cover of a CD being sold worldwide. No one asked my permission to use the photo in this way and I do not remember signing any agreement to waive any rights for use of my image. Additionally, the photo is not very flattering. What recourse do I have either to royalty payments from the sale of the CD, or to get the company to change the image?

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Attorney answers (2)

Daniel Nathan Ballard

Reputation Level 18

Answered over 3 years ago. Intellectual Property Law Attorney in Sacramento, CA.

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New York's Civil Rights Law Section 51 creates a cause of action for "[a]ny person whose name, portrait, picture or voice is used within [New York] for advertising purposes or for the purposes of trade without" their written consent. So the short answer is that you may have recourse -- though there are exceptions, especially if other people are in the photograph. The "right of publicity" is a state-specific right so you need to discuss the matter with an attorney licensed to practice in New York.

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Laura Mcfarland-Taylor

Reputation Level 18

Answered almost 3 years ago. Trademark Application Attorney in Bolingbrook, IL.

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You say you don’t remember agreeing to anything regarding the use of your photograph, but are you sure? Many companies have employee handbooks that cover all sorts of topics, including the use of your photo taken on company property or at company events.

I would call the HR department and ask them about it, but, as Mr. Ballard points out, rights of publicity are state specific and you may need a lawyer to assist you.

Good luck.

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