Please don't use my photo.

[S-Bigbottom]

Cut off the headstock of his favorite guitar or microphone if he is only a vocalist and place it in his bed.

 

[2tonic]

$20 and done.
Get the two most "intimidating" people you know to show up at your former band's next gig, picture in hand.
When "Guido" and "Annunzio" confront the BL demanding to know YOUR location ( they point to your image on the photo) cause you're into "Three Finger Louie" for six large, and they're here to deliver a message. BL protests that you're not here, pic is old, the bass player is someone different. G&A seem unconvinced and lean in a little harder, reminding BL of TFL's famous temper, and that maybe he'll want to "converse" with the BL, as his denial sounds like he's being less than candid.
They don't need to actually give anyone a "tune up", just leave the impression with the BL that continued use of your image could be drawing unwelcome attention to his future gigs.
Use your imagination, don't cross any overt lines.
Give G and A the twenty for gas money and have a good laugh!!
YMMV.

 

[Big Hoss]

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.

Every smart phone has a camera. Cost of reshooting a band photo, unless you are in a big popular band is really a non issue, and a pretty poor excuse. The band manager / leader leads get to get up off their lazy tailbones and just either shoot the photos themselves, or have it done. I mean let's face it, musicians tend to be a pretty creative crowd after all!

 

[Pilgrim]

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

If you really want to pursue this, other folks may have forgotten that there is a small claims court process in most (if not every) states that allows you to pursue this without a lawyer. Do a quick Google search for "small claims court XXXXX" (where XXXXX is your state.) You can see if your matter is qualified, which I believe it will be.

At that point, you have a pretty good argument. I'd send another letter to the band leader that's dated and mentions the option of legal action, and gives him a deadline to remove your photo. Send it USPS via a process that requires a signature on delivery, and keep your receipt and conformation to show the date.

After that, if he doesn't comply, you have the angels on your side. It's up to you whether you want to take the time and hassle to go through this, but it's an option that does not require a lawyer.

 

[electracoyote]

Every smart phone has a camera. Cost of reshooting a band photo, unless you are in a big popular band is really a non issue, and a pretty poor excuse. The band manager / leader leads get to get up off their lazy tailbones and just either shoot the photos themselves, or have it done. I mean let's face it, musicians tend to be a pretty creative crowd after all!

The cost of good pro-level photography and videography is not cheap in my book. Definitely an issue to consider for me, and I need some assurance I have a line-up that will be together for awhile before I make that expenditure.

lol, yeah, we could amateur-hour it with our handheld devices. But no thanks. That has a certain look that is easy to spot and somewhat unflattering IMHO. No one in my band or inner circle is a very good photographer or videographer to begin with.

And the bands I compete with are definitely not using camera phones for their main promo images and vids.

I guess for projects where "handheld device" is the standard and par for the course, and you have people who know how to squeeze something useable or close to professional from them, you have a point. Too late for my band, we have set the bar a little higher and I'm not dumbing down my promo images and vids. Ex-member can suck it up until I have the time and funds to do it my way, the right way.

 

[brianrost]

I wouldn't even waste my time about it, life is too short. Ask if you want. People come and go in bands all the time and I see "out of date" promo pics used a lot.

It might be hard to read so I'll tell you that the full title of this CD is "The Best of the Spencer David Group featuring Stevie Winwood". That cover photo doesn't show Winwood because it's a shot of a later band lineup after he left. None of the tracks on the CD are from the pictured lineup, either. Oops. Apparently noone at the record label had a clue.

 

[buldog5151bass]

If you really want to pursue this, other folks may have forgotten that there is a small claims court process in most (if not every) states that allows you to pursue this without a lawyer. Do a quick Google search for "small claims court XXXXX" (where XXXXX is your state.) You can see if your matter is qualified, which I believe it will be.

At that point, you have a pretty good argument. I'd send another letter to the band leader that's dated and mentions the option of legal action, and gives him a deadline to remove your photo. Send it USPS via a process that requires a signature on delivery, and keep your receipt and conformation to show the date.

After that, if he doesn't comply, you have the angels on your side. It's up to you whether you want to take the time and hassle to go through this, but it's an option that does not require a lawyer.

And you STILL have no damages.

 

[Spidey2112]

Since then the band leader has been using an old band photo to advertise upcoming gigs.

As long as this isn't the photo, I wouldn't worry too much about it...

 

[Pilgrim]

And you STILL have no damages.

I didn't assume that damages were needed - just removing the photos.

 

[Kukulkan61]

I would ask them nicely to update their promo pic and if they refused I would turn to Black Ops...

 

[Pilgrim]

The photo in post #68 gives me an idea. Someone needs to start a thread on most embarrassing band photos.

 

[buldog5151bass]

I didn't assume that damages were needed - just removing the photos.

The cause of action would be for the payment under statute for use of the photo. I don't see any legal cause of action asking someone to remove a photo. I think the judge would look at you cross-eyed if you tried bringing that case into court.

 

[Spidey2112]

The photo in post #68 gives me an idea. Someone needs to start a thread on most embarrassing band photos.

C'mon guys and gals... we all remember our first awkward kiss... of our microphone. Even stationary, you had no clue... do I lean left, or do I lean right? Do I go wet, or dry salamander? And playing a guitar... at the same time? Oh, the humanity, not to mention peer pressure from the other mics...

 

[Spidey2112]

A simple cease and desist, in writing, would do... communication... it's the next thing to being there.

 

[SLO Surfer]

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 .

This +1. Not a big deal.

 

[4SG]

Oy. So far 40Hz has written the only legally correct statements about this issue. Folks, the "damages" you don't think exist are not lost licensing fees for unauthorized use of the OP's image. Rather, they are for invasion of privacy and false association, the remedies for which are injunctive--not necessarily monetary. Those are the technical points.

As for the practical points, I agree with most of you. Write a polite request to have your name and image removed. If the BL doesn't comply AND it's impacting you somehow differently than annoying you (i.e. hindering your ability to get gigs because your former band has a bad reputation) than you can make a legal issue out of it. Otherwise, move on. My current band has videos up on YouTube that are several years old, and show at least 3 guys that have long left the band. One former guitarist, with whom I'm still tight, couldn't care less. (Maybe he'd feel different if he'd been booted out of the band instead of leaving for his personal reasons.) Anyway, grudges shorten your life. All you can do is take the high road.

 

[mellowinman]

Hmm. Got a link??

WNBAGBAFO

 

[Lava]

I would continually comment on their social media that although you are pictured, you are no longer with the band. They'll find a way to change it sooner than later.

 

[TemplesOfSyrinx]

Not photos, but what do you think of this?

My original project disintegrated last year over several issues. Least of which was creative differences. I now find that one of the former members is posting songs of his that I not only played on, but songs that I recorded, mixed & mastered in my studio, without giving any credit. I'm not saying that I'm the second coming of George Martin, but in comparison to the crap demos he was releasing prior to being in a project with me, I'm a regular Rick Rubin! I have politely asked that if he wishes to release these songs that I slaved over, simply give me credit for the work I did.

He doesn't even return my calls or texts.

Am I wrong?

Ps- I am enjoying my new original project much more!

 

[redwingxix]

If they are using your likeness in current promotional materials you could show up at the gigs to collect your cut from the venue. They got a new guy to play bass but they still clearly want you involved in band business as they are promoting themselves with your image. I'd be seriously torqued. Monetarily I know photos of me are worthless to anyone but me so, no we're not talking about a lot (or any) money, but a person's likeness, any person at all, is theirs and shouldn't be used without consent. If it's so expensive to have new promotional photos and web pages made up then I'm sure that a monthly licensing fee would be reasonable. Not so much for any actual money received but to drive home the point that you understand that these things cost money, this is a matter that you take seriously, and you are willing to compromise. At the very least it should prompt some expedited activity on their part.

And keep the Guido and Annunzio plan on standby if needed.