Please don't use my photo.

[Axtman]

I was let go from a four piece band a few months ago. Since then the band leader has been using an old band photo to advertise upcoming gigs. The old photo even has a picture of the guitar player that is no longer with the band. I did not mention anything initially because I figured it would take them some time to reshoot the band photo. But after 3 months I think I should mention something politely and ask them to not use me in any future advertising. If they want to have old pictures on their website of past gigs with me in it, that is cool because it is history.

Have you ever run into a similiar situation?

 

[Pilgrim]

A polite request to leave your image out is always appropriate.

 

[two fingers]

There are lots of threads on the subject. I'm actually kind of surprised how often it comes up. (That was not intended as a snarky "do a search" post.)

Yes, you are well within your rights and social norms to ask that your image no longer be used to advertise the band.

 

[buldog5151bass]

You can ask, but what are you going to do if they refuse?

 

[Old Garage-Bander]

You can ask, but what are you going to do if they refuse?

Send them a bill.
Have a lawyer send them a bill.

 

[buldog5151bass]

Send them a bill.
Have a lawyer send them a bill.

For what? No lawyer will send a bill unless you pay them to write it. I see no cause of action, and likely no damages, even if there was one.

 

[Swerve]

If you had left amicably and voluntarily I would say just ignore it. But you said you were 'let go', in which case, I would ask them to stop. If they refuse your request I would find some subtle ways to get back at them.

 

[Axtman]

There really isn't much I can do other than to ask them to not use that photo. A while back some of the guitar player's friends came to see him not knowing he was no longer in the band yet seeing him in the publicity photo. Ooops.

 

[electracoyote]

You can ask, but what are you going to do if they refuse?

There's the rub.

I'm a band manager. It's time-consuming and expensive. I'm the one paying for these pictures, and sometimes my personal band fund is a little depleted.

I understand wanting to get your face off of the band's on-line presence a.s.a.p., especially if it was a bad break up, but let's deal with some realities here. The band wants to continue and present as a band. You were the last bass player. Give them a break. It doesn't need to be punitive or vindictive. I'm sure as soon as they work in a new member and have the time/effort/money for new pics, they will.

 

[dreamadream99]

If they refuse your request I would find some subtle ways to get back at them.

Strong with this one, the Dark Side is.

 

[charlie monroe]

That's the rub.

I'm a band manager. It's time-consuming and expensive. I'm the one paying for these pictures, and sometimes my personal band fund is a little depleted.

I understand wanting to get your face off of the band's on-line presence a.s.a.p., especially if it was a bad break up, but let's deal with some realities here. The band wants to continue and present as a band. You were the last bass player. Give them a break. It doesn't need to be punitive or vindictive. I'm sure as soon as they work in a new member and get the time/effort/money for new pics, they will.

It's been 3 mos. They are gigging. The guitar player in the photo isn't in the band either. He left before the OP

How much slack do you cut them?

 

[Axtman]

I should start a new band with the guitar player that go let go and use the same band publicity photos with the other members of the band. Two bands; one photo.

 

[zontar]

I should start a new band with the guitar player that go let go and use the same band publicity photos with the other members of the band. Two bands; one photo.

Two, two, two bands in one....

 

[beaglesandbass]

I would ask them, but if they so no, there's not much you can do.

Any chance he's doing it on purpose to piss you off?

 

[Joe Nerve]

Lots of bands have used my picture after I was no longer in the band. My current band uses the previous bass player's pic in a lot of their advertisements. To me it means less than nothing. I think it's best to just move on.

The only thing that would make me ask them to remove it is if people were going to see the show because they were going to see me, and were surprised that I wasn't there.

That's never happened .

 

[beaglesandbass]

That's never happened .

People don't pay attention to the bass player if we're playing correctly.

 

[Sparkl]

I played in bands who took years to shoot new material for websites and promos.

Yeah it’s pure laziness on the bands behalf but still.

Also, proper photoshooting doesn’t come cheap.

 

[bobba66]

Wait a couple years. Time has a way of healing horrible things like this.

 

[kdogg]

Likely scenario number 1:

You call the band leader, “Hey man, could you maybe stop using my photo in promo material for the band?”

Band leader, “ Ahh man, sorry about that. We’re shooting new band pics in a couple weeks. We’ll change out the old pics when we do.”

1 year from now, the band completely dissolves having never removed the offending band pics from their promo materials.

 

[Stevorebob]

That's the rub.

I'm a band manager. It's time-consuming and expensive. I'm the one paying for these pictures, and sometimes my personal band fund is a little depleted.

I understand wanting to get your face off of the band's on-line presence a.s.a.p., especially if it was a bad break up, but let's deal with some realities here. The band wants to continue and present as a band. You were the last bass player. Give them a break. It doesn't need to be punitive or vindictive. I'm sure as soon as they work in a new member and get the time/effort/money for new pics, they will.

Yes, the parting member does not have much leverage, because unless he’s a named player, there's not much in quantifiable damages for using one’s likeness without permission. No lawyer will press this case. But when one is let go, I don’t believe considering the remaining band’s perspective regarding the difficulties and cost of new photos carries much moral weight. If you fire the guy, boo hoo, suck it up and get new pics. I suggest the band deal with the realities and give the departed player a break. If that’s too much a burden — hmm — maybe don’t fire the guy. (Now, if this was a mutual parting or the guy quit leaving the band high and dry, well ... ahem, never mind. )