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@Axtman there isn't much you can do. All these suggestions about suing for likeness is all well and good but honestly what attorney is going to take the time and effort for a case with little monetary upside. My brother in law along with all the members (4 total people) but the 2 leaders left their band over a year ago and they tour regularly using the old photos. Each member has asked them to stop and have reached out for legal council but it's too expensive to even take action. The 2 main people, the singer and piano player is what sells that band, they rest of the members are unfortunately interchangeable.
There are bands I've never even heard of using my photo. I take it as a compliment. Or see it as creepy stalking.
There's a chance that they are holding out and waiting to see how the new line-up is doing before getting burned yet again by new photos and having to update their entire web presence, just to fire someone again and start the process all over. In that case, three months doesn't seem that long.
It's an unfortunate symptom of local music scenes; you really don't know what you've got until you rehearse and gig together for awhile. I'd say over half the bands in my neighborhood go through this, it's very common to have line-up changes.
I guess the amount of slack you would cut them is directly proportional to your tolerance for clinging to a lost cause. Me, after one notice, I'd let it go and not waste another atom's worth of emotion or energy on it.
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This is something that has never ever bothered me.
I personally ignore it. If it matters to you though, I'd at least mention it to them that you'd prefer they stop using any promotion materials with you on them.
I personally ignore it. If it matters to you though, I'd at least mention it to them that you'd prefer they stop using any promotion materials with you on them.
The reality is, that without a band contract that stipulates the continued use of an former band member, then using that band member's image for advertising purposes is illegal.
There are technical realities, and there are practical realities.
As has been firmly established, in a practical sense, it's a lost cause. Law be damned.
buldog5151bass
Kibble, milkbones, and P Basses. And redheads.
The realities are that there is nothing you can do, even with a contract, unless the band is making decent money, declared on the books, as are you.
FWIW, I run a successful dance party cover band booking the better dance floor clubs and upscale private events in my neighborhood. Go ahead and take cheap shots with your eyes closed if you must, but I'm confident that I have a pretty firm grasp on priorities.
Scheduling a good photo or video session and re-tooling my entire web presence (including web site, Facebook, GigMasters, GigSalad, YouTube, Reverbnation, et. al.), is a huge ordeal when done professionally and correctly, not even close to my definition of "small stuff."
And it's a huge commitment of sorts as well.
When I work a new member into my project, I'm not going to immediately put all my faith and confidence in that person and go through all that time money and effort on a whim. I'll give it at least a couple of months to see if the new member works out and how it gels first.
In the meanwhile, I'm not depleting my web presence of videos and images and reducing the sites to an unmarketable amateurish skeleton just because one ex-member gets a wild hair up his disgruntled butt.
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Without a contract, it's "your word against mine" as to whether or not there was a verbal agreement that OKed your using my image. Neither of us have good standing in that case. It'll just be up to a judge. Of course, no attorney in his right mind would ever take the case unless you just have money to burn over this. If you want to pay thousands of dollars to sue over it, well....
Oh I just joined two bands. I have every intention of using your image in my place. Clearly, it works on the ladies.
I'm with Joe Nerve.
It just seems insignificant. I don't think there's a lot of people that go around taking inventory of who's in what band photo. Besides, it makes me seem like I'm working more than I am.
It just seems insignificant. I don't think there's a lot of people that go around taking inventory of who's in what band photo. Besides, it makes me seem like I'm working more than I am.
To the OP... I was in a band 3 different times over a 15 yr period. To this day I am still used in almost all of the print media. I was bummed at first but - hey it gets my face out to an audience I'm not currently performing for. I was the only one to record full length albums, so of course my music (that I wrote) is still promoted as theirs. Once, after a dispute, I left and they kept my basslines on the album but gave credit to someone else.
A pic going around town is nothing.
A pic going around town is nothing.
As a public service I offer my photo for you all to use as a placeholder in these situations. You're welcome.
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That's never happened. </snip>
Of course not! Whoever goes to see a bass player? (Other than me.)
Yeah, a band I was an original member in used my photos for the next gig they played after I left the band. I didn't mind. I was at the gig to support them anyway. They got a bunch of great pics from that gig, which they started using for promo. Unfortunately some of the venues and promoters (like local radio stations) kept using the old pic they had on file. I left in 2014, but last year saw a pic with me that was used for a gig promo by a popular venue. Some things are simply out of your control. Don't sweat it.
