Please don't use my photo.

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

 

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.

 

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

 

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.

 

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.

 

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.

 

Strong with this one, the Dark Side is.

 

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?

 

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

 

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 .

 

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.

 

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

 

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.

 

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. )