Just found out that a custom sports clothing company (ie. jerseys) is using my photo on their website. They never asked me to sign a release of any sort. Any recommendations on a course of action? I’d rather not be affiliated with this company.
Have you asked them to take it down?
Jodi
I’ve called them 4 times in the last two weeks, left message each time. They’ve not returned my calls.
Contact the hosting company.
I’ll try that. If that doesn’t work, anyone have any ideas on what I can expect to spend on a lawyer to draft a “cease and desist” letter?
I’d use one of those generic letters to save some money and time. Something like the below for $10. Over here in Los Angeles, It will be around $150 for them to write one.
When/where was the picture taken? If it was at a race, then you are probably out of luck. They can buy the rights to use the picture from the photo company, and you probably signed away your rights to your image when you signed up for the race.
Don’t hire a lawyer (I am a lawyer). Use a form letter or just tell them in ordinary English what you’re writing about, what you want them to do, etc. I agree with the poster who said you need to gather your facts a bit on where the photo came from. If you post a link to the website photo you might be able to get other more specific advice.
Hire this guy:
Judge: Mr. Hutz, are you aware you’re not wearing any pants?
Lionel Hutz: Uh, your Honor, can I call for one of those bad trial thingys?
Judge: You mean a mistrial?
Lionel Hutz: Yeah … that’s why you’re the judge, and I am the law … talkin’ … guy.
I can’t seem to get any info on the origin of the photo. Other than it was during a race I participated in (2006). There’s no info on their host either.
I’m a lawyer too, although not in this field. I’d send them an email and letter telling them that you absolutely do not want to be on their site. I’d also tell them that if they continue to use the picture then you’ll use your free speech rights to tell everyone you know (i.e. here) that they do not have permission to use your photo, you’ve asked them to take it down, they won’t, and you don’t want to be associated with them. I’d also keep trying to call someone as high up in the company as you can get.
Post the link of their site or PM me with the link, I can probably find out who their host or provider is.
Just curious - why is this an issue? Unless you’re a professional model or involved in the clothing business? Most people would be flattered if a clothing company used their photo.
Usually it wouldn’t be a problem, but as I posted earlier, I’d rather not be affiliated with this particular company.
I’m not a lawyer, but can site a similar experience. A close friend had her picture taken during a race and ended up with a full-page image of herself in Running Mag. She wasn’t bothered by it, but during a conversation at a party wondered out loud how they could do that without her permission. There was a lawyer at the party who told her basically that if you’re engaged in a event that is open to the public and the photo was taken in public, they don’t need your permission. He said, “Think paparazzi”.
That’s interesting.
I remember a couple years ago The University of Wisconsin took some serious hell for a photograph. They took a picture at a football game. In an effort to make the school look more “diverse”, they photoshopped a black student into the picture. Didn’t work out so well when he saw the pic (it was made for a brochure for the school). I think it turned out that the kid had never even been to a football game at UW. I’m pretty sure that ended up in a lawsuit…
jodi
I can’t seem to get any info on the origin of the photo. Other than it was during a race I participated in (2006). There’s no info on their host either.
IF…you cannot recall the race, or where, how do you know you didn’t sign a release…
Let me clarify. I don’t know who took the photo. I know exactly where the pic was taken. I signed up through active.com. I’ll have to take a look and see if their site mentions anything about this.
Was her photo promoting a product or was it just an action shot?
What state do you and the company in question live in?
Have you suffered any damages?