Thread: Use of Images in Advertising

Deleted - Thank you for all of your advice! I will contact the vendor and see what they say. From what I have heard, they are very reputable and good to work with in their community.

Well, it may be that they are perfectly legal in using your picture.

Are you identifiable? Does it show your face? Was it taken in public? Was it part of a photoshoot for which you signed a model release?

As the subject of a photo in the USA you do not own the copyright on the photo, the photographer does unless it was specifically (ie in writing) transferred to you or it was a work-for-hire (or a few other odd circumstances). Depending on the agreement with the photographer, they may be legal in their usage.

If the photo was taken by a friend or snagged off your website or something like that and they do not have proper permission, your first step is to contact them and ask them to stop. Something like:

"It has come to my attention that you are using my photograph in your advertising. As I have not given permission for this usage, please stop immediately. Thank You."

If that doesn't work, you might have the photographer send a DMCA takedown notice.

You don't own the copyright on the photo. If you were dancing in public when it was taken, the photographer can display or publish it without your consent. If it was appearing in an editorial section of the magazine, say, coverage of the event where you danced, you wouldn't have a case.

But for commercial use you have the right to expect to be paid for the use of your likeness (or your property, such as a costume you own), unless you specifically waive it.

From asmp.org:

Thus, privacy issues typically arise when an image is used for purposes of trade or advertising. That is, it’s not the picture, but how it is used that determines the need for a release. For instance, an image that is printed in a newspaper, shown in an exhibition or reproduced in a book might well be immune from a privacy suit. But the commercial sale of coffee mugs or t-shirts with the same image would probably not enjoy such protection. An advertisement almost certainly would not be immune.

So unless you signed a model release specifically allowing commercial use without compensation, they're violating your rights.

Seriously, I'd be tempted to send them a bill for my modeling services. With late fees added on.

Probably the best place to begin is to contact the vendor and ask how they acquired the photo. If they bought or acquired the photo from the photographer through legal means (not by stealing it off the internet) then the photographer owes you. It's also possible that someone at the magazine made up the ad for them, in which case the burden should be on them.

If it were to come to a lawsuit, your lawyer would probably name the photographer, the vendor AND the magazine, actually.

Originally Posted by JGilchrist

Well, it may be that they are perfectly legal in using your picture.

Are you identifiable? Does it show your face? Was it taken in public? Was it part of a photoshoot for which you signed a model release?

As the subject of a photo in the USA you do not own the copyright on the photo, the photographer does unless it was specifically (ie in writing) transferred to you or it was a work-for-hire (or a few other odd circumstances). Depending on the agreement with the photographer, they may be legal in their usage.

If the photo was taken by a friend or snagged off your website or something like that and they do not have proper permission, your first step is to contact them and ask them to stop. Something like:

"It has come to my attention that you are using my photograph in your advertising. As I have not given permission for this usage, please stop immediately. Thank You."

If that doesn't work, you might have the photographer send a DMCA takedown notice.

I am identifiable, my face and full front body are shown, the photographer was my husband who has not given permission for the photo to be used, so I know they do not have any photographer use copyright permissions.

Originally Posted by Lauren_

You don't own the copyright on the photo. If you were dancing in public when it was taken, the photographer can display or publish it without your consent. If it was appearing in an editorial section of the magazine, say, coverage of the event where you danced, you wouldn't have a case.

But for commercial use you have the right to expect to be paid for the use of your likeness (or your property, such as a costume you own), unless you specifically waive it.

From asmp.org:



So unless you signed a model release specifically allowing commercial use without compensation, they're violating your rights.

Seriously, I'd be tempted to send them a bill for my modeling services. With late fees added on.

Probably the best place to begin is to contact the vendor and ask how they acquired the photo. If they bought or acquired the photo from the photographer through legal means (not by stealing it off the internet) then the photographer owes you. It's also possible that someone at the magazine made up the ad for them, in which case the burden should be on them.

If it were to come to a lawsuit, your lawyer would probably name the photographer, the vendor AND the magazine, actually.

Thanks - the photographer is my husband, so I know the vendor did not get permission or have any sort of model release. The only place the photo has been available is my website/online.

I don't have any interest in a lawsuit, but I would like some sort of apology or compensation at the least since they have been using my image to promote their products without even listing my name.

Then they owe BOTH you and your husband. I think you should each send them a bill, with late fees. Then start calling to collect.

that picture is completely your property. they at least owe you an apology.

after that, i would write that they can continue using the photo if they offer you some kind of compensation. if they say no to compensation, then i would request my name and contact info be on the picture. if all else fails, harass the heck out of them every day until your dog gets tired of your rants.

good luck.

Thanks, guys! I will contact the vendor and ask about it. It could even be a case where the vendor doesn't know that they don't have rights to the picture if they used an ad agency. I really don't think there was any ill-intent...it just puts me in a bit of a spot considering I do have another vendor who does have permission to use that pic but these two vendors aren't affiliated.

At any rate, I've had a private message telling me that it would be better if i delete this topic, so I am going to see if I can do that.