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Can someone (a Business) use my Picture & Testimony without my permission?

Asked over 2 years ago - Milwaukee, WI

Business

I gave a testimonial to an online business in which I am no longer involved with. I initially okay'd the use of my image and testimony. After receiving some unwanted attention from the testimonial I nicely asked to have it removed from the company's online sales page. The company complied within a few weeks and everything was fine. Four months later I received an email which made me aware that my image and testimonial has reappeared on the online sales page (website). I have asked, nicely, again to have it removed and I am now being ignored. I have copies of all emails of mine and from one of the owners proving that communications had taken place regarding this issue. Do I have anything to stand on? Can I make them comply? Can they continue to use my image and testimony?

Additional information
Thank you for the quick response

I have one additional comment which I didn't think about until I saw the response. I didn't sign any type of agreement. This was all done via email. The owner asked for a testimony based upon a past experience I had with him in a Multi-level marketing campaign in an email. I then submitted the testimony, in an email, without signing any kind of agreement. So, based upon the fact I never gave the company permission in a written contract, can they still use the testimonial along with my image and voice?

Thanks again

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Attorney answers (1)

Ronald Anthony Sarno

Reputation Level 20

Answered over 2 years ago. Litigation Lawyer in New York, NY.

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If you gave permission while working for them or with them, and did not explicitly state that it was a temporary authority, I do not know if you have a case, You can confer with a business attorney about unauthorized use of your image and testimony, but much depends on the wording of your original agreement with the company. I am betting that you signed an agreement which had no termination date.

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LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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