Please don't use my photo.

[denhou1974]

The point I was making is that he does have legal recourse, wheras I got the impression you were saying he didn't- or he needs to prove damages.

Whether or not it’s practical or worthwhile to pursue available legal remedies is something for the OP to decide.

You also don’t need an attorney to send a cease and desist letter. I simple letter that says: I was terminated from the band XYZ by you on xx/xx/xx. I have become aware that you are using a picture that contains my likeness for commercial promotional purposes of band XYZ. This letter is to formally notify you that I have not given my consent nor have I been compensated for the commercial use of my image by you or the band XYZ and I am requesting you cease all such use immediately. If you continue to use my likeness without my consent I reserve my right to pursue legal action against you for doing so.

That’s enough to put the BL formally on notice. What happens after that is up to the OP. And his wallet.

Personally, I think it’s a total waste of energy and time. So were it me, I’d just let it go. It’s not worth the aggravation for something as minor and petty as that. But that’s me. I’ve quit a few bands where I had songs I co-wrote and tracks on demos I recorded get attributed to someone else. My attitude was: “Enjoy it guys. There’s plenty more where that came from.” (If the song went platinum I might have felt different. But lets deal with reality. They were just originals tyat were played by local bands. Besides, most of those bands were gone in a year anyway.)

No attorney in his right mind would take this case.

I have some experience with small claims court, Justice Court as it is called here in Texas. OP would never be able to prove damages/losses. OP would lose the court fees and waste 20-30 hours of his time. Judge would laugh at him after he left the courtroom.

 

[RickyWoo]

Mountain, meet mole hill.

 

[Old Garage-Bander]

I'll say it one more time. No damages. How much are they making a gig, and how often do they gig? How, in any legitimate way, have you been financially harmed? Have you been listing your gig income on your tax returns, so you can demonstrate the value of your likeness to their band? You can pay a lawyer if you want. No lawyer is going to take it on contingency. If you want to pay thousands of dollars to take them to court for injunctive relief to get off a bar band website, you can go right ahead. You want to pay a lawyer hundreds of dollars to send a cease and desist letter that will get you nothing more than a polite text or email, go right ahead.

For the cost of postage I can send them a letter and ask thrm to stop posting my likeness to promote their band.
It's not about money or damages, they simply do not have permission to use my likeness in there promotion.
If they ignored that, I could pay an attorney to send them a letter.
I never said anything about anyone taking on a case on contingency.
If I want it stopped bad enough, I'll do what I need to do.

I don't like it. I don't want it to continue, I'll do what I have to do to make it stop.
If I am not allowed to draw a line in the sand on principals rather than money, then I might as well just be a monkey on display at the zoo. Even the monkey gets compensated.

You want to just give it away? That's your business. Click!

 

[Axtman]

I know a company's website where the some of the people shown in the photos and on the meet the staff page have not worked for the company in over 10 years. One person is even dead. I guess they won't have to worry about a lawsuit from that person!

 

[buldog5151bass]

For the cost of postage I can send them a letter and ask thrm to stop posting my likeness to promote their band.
It's not about money or damages, they simply do not have permission to use my likeness in there promotion.
If they ignored that, I could pay an attorney to send them a letter.
I never said anything about anyone taking on a case on contingency.
If I want it stopped bad enough, I'll do what I need to do.

I don't like it. I don't want it to continue, I'll do what I have to do to make it stop.
If I am not allowed to draw a line in the sand on principals rather than money, then I might as well just be a monkey on display at the zoo. Even the monkey gets compensated.

You want to just give it away? That's your business. Click!

I've said you can contact them, and you should. But for those saying get a lawyer or go to court, or that you have a viable legal claim.

 

[40Hz]

No attorney in his right mind would take this case.

I have some experience with small claims court, Justice Court as it is called here in Texas. OP would never be able to prove damages/losses. OP would lose the court fees and waste 20-30 hours of his time. Judge would laugh at him after he left the courtroom.

Texas isn't Connecticut. I don't know how it works where you are. In CT it could be actionable.

No attorney here would probably take such a case either. No money in it for them. But again, you don't need to prove damages. You own your likeness. You have a legal right to decide where and how it gets used, within what's covered by law. And you are entitled to compensation for it if it's used commercially. How much compensation would be at the discretion of a court. But a court could order someone to stop using your likeness for a commercial or promotional purpose whether or not compensation was involved.

I've got some experience with small claims too. This is not something that would be handled by the small claims court here.

 

[denhou1974]

Texas isn't Connecticut. I don't know how it works where you are. In CT it could be actionable.

No attorney here would probably take such a case either. No money in it for them. But again, you don't need to prove damages. You own your likeness. You have a legal right to decide where and how it gets used, within what's covered by law. And you are entitled to compensation for it if it's used commercially. How much compensation would be at the discretion of a court. But a court could order someone to stop using your likeness for a commercial or promotional purpose whether or not compensation was involved.

I've got some experience with small claims too. This is not something that would be handled by the small claims court here.

You do need to prove damages otherwise there's no claim. No attorney would take his case and he couldn't navigate District court on his own. Not even worth talking about.

 

[40Hz]

You do need to prove damages otherwise there's no claim. No attorney would take his case and he couldn't navigate District court on his own. Not even worth talking about.

Whatever you say.

I've got clients in advertising and broadcasting who deal with this all the time and have attorneys on staff or on call just to deal with it. So I'll go by what I've seen about how they've dealt with it. Laws and rights vary by state. I only have to deal with NY, CT, and MA legalities running my own business. I have no idea how things work in TX. So like you said, "Not even worth talking about."

 

[Old Garage-Bander]

I've said you can contact them, and you should. But for those saying get a lawyer or go to court, or any of that you have a viable legal claim.

Did I use the term viable claim, Judge, Court, or any of these things that are being said to dismiss the anger I, or anyone else should be allowed to feel when our likeness is used against our expressed will?

This becomes a matter of eroding one's right to keep to themselves if they no longer want to be out there.

Next thing you know, you're on a billboard, wearing a cowboy hat, in a Marlboro ad.
Then your health insurance rates go up because someone beleives you smoke cigarettes.

This is about MY (actually the OP's) self, and how it is being exploited by others for gain.
Or at least to not have to dip into the profit jar to cut a new band pic. Which is the same as gain.
A promotional photo like this is used in soliciting business, of which the goal is to create income for all involved but the ex band member(s).

My image may not be of value to anyone else but it is of value to me. If I don't take a stand with my own persona, then where do I take a stand?

 

[buldog5151bass]

Did I use the term viable claim, Judge, Court, or any of these things that are being said to dismiss the anger I, or anyone else should be allowed to feel when our likeness is used against our expressed will?

This becomes a matter of eroding one's right to keep to themselves if they no longer want to be out there.

Next thing you know, you're on a billboard, wearing a cowboy hat, in a Marlboro ad.
Then your health insurance rates go up because someone beleives you smoke cigarettes.

This is about MY (actually the OP's) self, and how it is being exploited by others for gain.
Or at least to not have to dip into the profit jar to cut a new band pic. Which is the same as gain.
A promotional photo like this is used in soliciting business, of which the goal is to create income for all involved but the ex band member(s).

My image may not be of value to anyone else but it is of value to me. If I don't take a stand with my own persona, then where do I take a stand?

As I said, for those who did (repeatedly,).

 

[electracoyote]

Ah, no, I don't think so. It's amazing how spending more money, effort and time to do a thing that doesn't actually advance the cause never seems to get to the top of the "to-do" list. There are other things that will appeal much more strongly to them to spend money/effort/time on.... their new player has been in place for 3 months, so I don't think working them in is an issue... and so what if it is? It's their issue.

So, the OP should ask them politely to make the change. As human beings, and given human nature, they will probably need a nudge and reminder to take care of some "routine maintenance" issues instead of the fun stuff, when it's no skin off their noses to do nothing and keep doing as they are. Sure, someday they might get to it on their own.... no reason to wait, and hope.

But, making a polite request is key, both for generally "doing things the right way" and for getting the results you desire from them. Being a dick doesn't usually end in easy cooperation.

I agree, and keep in mind my rants are a response to the rhetorical question that was posed: What if they don't comply with the request?

Otherwise, I understand where you're coming from and I agree. In a perfect world, they take down his image a.s.a.p. But sometimes, as in the case with my band, that's not always going to happen in 2-3 months' time. Sorry, that's the way it is sometimes. I can't airbrush photos, use camera phones, or otherwise compromise the integrity of my web presence with sub-standard images and excessive elimination. It would be marketing suicide, my competition would eat me alive, and the ex-member is just going to have to cut me some slack while I work on it.

Or try his luck in court, which has already been established as a lost cause.

 

[dreamadream99]

$20 and done.
Get the two most "intimidating" people you know to show up at your former band's next gig, picture in hand... just leave the impression with the BL that continued use of your image could be drawing unwelcome attention to his future gigs.

The Dark Side really is where all the Fun Force lives.

 

[Jack Butler]

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.

This is what I would do.

 

[CharlieMac]

Try this.
Call the BL every single day and email him and send some polite letters. You have to make him want to do it.

 

[QORC]

you can request it, but they could ignore you. why does it bother you so much?

 

[denhou1974]

Whatever you say.

I've got clients in advertising and broadcasting who deal with this all the time and have attorneys on staff or on call just to deal with it. So I'll go by what I've seen about how they've dealt with it. Laws and rights vary by state. I only have to deal with NY, CT, and MA legalities running my own business. I have no idea how things work in TX. So like you said, "Not even worth talking about."

Everyone knows that "laws and rights vary by state".

My point is, he would never be able to navigate the court system on his own and nobody will take this case. Your clients don't have to worry about that since they already have legal representation. His only option would be small claims court. In that case he'd have to prove damages. No dice.

 

[40Hz]

Everyone knows that "laws and rights vary by state".

My point is, he would never be able to navigate the court system on his own and nobody will take this case. Your clients don't have to worry about that since they already have legal representation. His only option would be small claims court. In that case he'd have to prove damages. No dice.

I thought this was hardly worth talking about?

FWIW, in CT small claims wouldn’t deal with this sort of thing. It’s for people seeking monetary settlements for things like nonpayment of a bill or a breach of a small contract. They don’t get into things like invasion of privacy, appropriation for commercial gain, intellectual property questions, etc.

Somebody didn’t pay you for lawn services, or their kid broke your custom birdhouse, you go to small claims.

Everything else goes through the regular courts.

And you don’t need to show monetary damage. A local church here that dates back to the 1700s appeared for a few moments in a car commercial. Car slowly drove by the front of its classic facade and there was a little blurb about “American Values.”

Congregation got miffed about their church being in a car ad and took the car manufacturer to court. Car company offered money. The congregation declined. Bottom line the company was forced to pull the ad because they never obtained a clearance to use the building’s image.

One of my clients failed to obtain a model release from just one of over two dozen people in a restaurant they were shooting local cable TV ad footage for. They had to reshoot the scene.

When I went to see Bela Fleck and the Flecktones who were performing at one of the local universities here, the audience got informed that the show was going to be filmed for release on DVD. And if you did not consent to the possibility of your image appearing in the video, you had to leave before the start of the show. The theater would reimburse you your ticket fees plus an additional amount to cover your inconvenience. (Two couples left. I guess their SOs didn’t know they were out with other partners that night.)

Knew a photographer who took an amazing shot of a mother with child sitting in a park. As in an award winning “photograph of the year” type shot. Mother (quite understandably IMO) declined to sign a model release since she had no idea who this guy was. (She also called the police.) Photographer said since it was taken in a public place the photo he shot could be used for a news story, or for some educational uses. But no stock agency would buy it without a release because that would be using her and her child’s image for commercial gain.

There’s a lot of wrinkles. And I’m not an attorney. But every attorney I’ve ever talked to said the same thing. If somebody bitches about you using a picture of them, or something they wrote or recorded, best save youself the possibility of future grief and simply don’t.

And that’s about all I have to say on the subject.

 

[Lazylion]

I was in a band in the late 80s who were using a pic including previous bass guy. In 2 1/2 years we never got an 8x10 w/me in it. It irked me a bit, so when we'd sign autographs (ah, the good old days!), I wrote my name right over the other guy's face. I figured the audience hadn't seen that guy anyway...

 

[Axtman]

At little off topic....Years ago I was taking pictures of a school building that was going to be remodeled. Photographs are taken to document the site before construction in case a dispute arises about damage or theft.

I checked in the with secretary, gave her my business card, told her what I was doing and where I would be. About a half hour later the principal came STORMING down the hall, demanded to know who I was and what I was doing. I explained who I was, who I worked for, that I signed in with the front desk and that I was there to take pictures of the building's existing conditions. She told me that I was not allowed to take pictures of children. I told her that I was desperately trying to avoid taking pictures of people. I only wanted the building. I stopped and let the kids pass by before I snapped a picture. If I could not avoid taking a picture I made sure the kids were far enough away as to be unrecognizable.

Schools don't allow pictures of kids because of 1) perverts 2) some kids are in hiding from and estranged parent. When the building was finished my company sent the children of the staff to act as models for the marketing materials.

 

[denhou1974]

I thought this was hardly worth talking about?

FWIW, in CT small claims wouldn’t deal with this sort of thing. It’s for people seeking monetary settlements for things like nonpayment of a bill or a breach of a small contract. They don’t get into things like invasion of privacy, appropriation for commercial gain, intellectual property questions, etc.

Somebody didn’t pay you for lawn services, or their kid broke your custom birdhouse, you go to small claims.

Everything else goes through the regular courts.

And you don’t need to show monetary damage. A local church here that dates back to the 1700s appeared for a few moments in a car commercial. Car slowly drove by the front of its classic facade and there was a little blurb about “American Values.”

Congregation got miffed about their church being in a car ad and took the car manufacturer to court. Car company offered money. The congregation declined. Bottom line the company was forced to pull the ad because they never obtained a clearance to use the building’s image.

One of my clients failed to obtain a model release from just one of over two dozen people in a restaurant they were shooting local cable TV ad footage for. They had to reshoot the scene.

When I went to see Bela Fleck and the Flecktones who were performing at one of the local universities here, the audience got informed that the show was going to be filmed for release on DVD. And if you did not consent to the possibility of your image appearing in the video, you had to leave before the start of the show. The theater would reimburse you your ticket fees plus an additional amount to cover your inconvenience. (Two couples left. I guess their SOs didn’t know they were out with other partners that night.)

Knew a photographer who took an amazing shot of a mother with child sitting in a park. As in an award winning “photograph of the year” type shot. Mother (quite understandably IMO) declined to sign a model release since she had no idea who this guy was. (She also called the police.) Photographer said since it was taken in a public place the photo he shot could be used for a news story, or for some educational uses. But no stock agency would buy it without a release because that would be using her and her child’s image for commercial gain.

There’s a lot of wrinkles. And I’m not an attorney. But every attorney I’ve ever talked to said the same thing. If somebody bitches about you using a picture of them, or something they wrote or recorded, best save youself the possibility of future grief and simply don’t.

And that’s about all I have to say on the subject.

TLDR
Not worth talking about but you keep talking about it.