want off promo material!

topic posted Wed, April 30, 2008 - 2:37 PM by  tushara
There is a troupe I used to be a part of and quit (along with many others) over a bunch of drama bullshit. Won't go there.

Anyhow, I found out recently that this troupe has been actively using my likeness in their promotional material for quite some time. As such I would not like my face or name anywhere near this troupe and want them to stop.

Is it fair for me to ask them to stop using my pics on their upcoming event fliers, class promos, website, etc? I realize I do not have the right to the pics since I am not the photog. I just don't wanna be on their shit!
posted by:
tushara
Seattle
  • Re: want off promo material!

    Wed, April 30, 2008 - 3:25 PM
    yes, you have the right to not be used as part of their advertising. Unless they had paid you for the rights to those pictures or have some written document from you sighing over your rights to those pics you still have control of your image. Also if you are not part of the product or service they are advertising what they are doing is misleading.
    • Re: want off promo material!

      Thu, May 1, 2008 - 8:38 AM
      While all new materials created should not contain your likeness, I do think it fair to use your image if it was part of a group shot that waws printed prior to your departure. I had this happen with a couple girls who left my troupe; we had a gorgous troupe photo taken of the 13 of us, and I used it on the back of our business cards. I paid to have 1000 cards printed up and I will continue to use these cards until they are gone. Just becuase someone decides to leave doesnot mean my troupe should have to go through the expense of getting new photos done, and new cards printed up, but once those cards are used up, they yes, a new photo should be used. But that group image has been replaced on our website (left up as a reminder of some really great times, but no longer used on our front page of our website) and the image is not used in new promotional materials either.

      And if it is a solo image of you, it definitely should not be used for a troupe you are a part of. But group shots are something else....and should be phased out as it is convenient for the troupe.
      • Re: want off promo material!

        Thu, May 1, 2008 - 10:55 AM
        Agreed...they should not use a solo pic of you for producing any new materials, but old materials with any pics, or new materials with group pics that include you are fair game.
      • Re: want off promo material!

        Thu, May 1, 2008 - 2:49 PM
        and that is the type of agreement that would be made at the time the cards are ordered or even when the pictures are being taken. This is what i meant by having giving up rights to an image. This sounds like a different situation, or at least it did to me when i read the question, that the promo materials started being made after the people in the pictures were already out of the troupe and without their permission.
  • Re: want off promo material!

    Wed, May 7, 2008 - 3:58 AM
    You have control over your image, even if it's in a group shot, unless and until you have signed a model release. Anyone who plans to use photos for promotion should ALWAYS get a model's release prior to using images to protect themselves from things like this.

    Taaj
    www.taaj.org

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