Using promo material with fired band member image

[hensonbass]

I lead and manage an acoustic trio that works steadily in the private / corporate event industry. I recently had to fire my lead vocalist.

She is now demanding that her image be taken off of all promo videos used on social media and websites. It should be noted that all the videos are only of live performances where she was paid in full. All the music is cover music, non-original.

Does she have a legal leg to stand on here?

Of course in the near future I will have new video footage put up in it's place but until then I question where it stands from a legal standpoint.

 

[MisterFabulous]

I think just in the interests of truth-in-advertising you'd want to change the online stuff. It's a bummer having to get new media for all that, but she's not part of the band on offer anymore.

Legally, I have no idea.

 

[two fingers]

I don't think she has any legal standing. That said, is she going to file suit? I would keep some stuff up with her image/likeness/performance until you get new material. Just tell her you'll take it down as quickly as possible while still maintaining your company image.

 

[ArtechnikA]

Does she have a legal leg to stand on here?

I Am Not A Lawyer, but I don't see how...
(This would have been best avoided with a 'use of likeness' clause in the band agreement, but IME nobody thinks those are needed until they are...}
There's no damages, so what would be the basis for compensation?
Unless the band name is "Lead Singer Name and..."

She's pissed off and lashing out.
Follow your original plan to replace all the imagery expeditiously.
Nothing serious starts unless and until you get a 'Cease and Desist' letter from an actual attorney, in which case you say 'right away.'

There may be entertainment law nuances of which i'm unaware, but it seems to me you are correct. It is a work-for-hire situation involving public performance in the normal course of business.

 

[4SG]

I am a lawyer and, yes, she has legal standing. Unauthorized use of her image/footage is improper under Georgia's right of publicity common law. It is neither an entertainment law nor a copyright (work-for-hire) issue.

 

[JRA]

well, there you go!

 

[51PRI]

Just blur her face on the videos.

 

[Oddly]

Whether it's legally necessary or not, I'd comply.
It seems like it's just the right thing to do, and avoids both further hassle from her (and as we all know, Hell hath no fury like a woman scorned) and, from a business perspective, anyone booking you based on her assumed presence.

Like some old book apparently urges us, treat others how you expect to be treated.

 

[2112]

Just blur her face on the videos.

Just copy-paste a crop of your new lead vox over her face in all materials. Bonus points if it's slightly oversized or undersized.

Of course, if you take yourself anymore seriously than we do, ymmv.

</problem>

 

[Zooberwerx]

Just copy-paste a crop of your new lead vox over her face in all materials. Bonus points if it's slightly oversized or undersized.

Of course, if you take yourself anymore seriously than we do, ymmv.

</problem>

Ahhh...the old Mamas & Papas trick!

Riis

 

[smogg]

IMO If nothing else using her voice and/or likeness is false advertising. She is no longer in the band, therefore you can not deliver product as shown/heard. I would feel the same way about any band member change but that's just me.

 

[Zooberwerx]

Sometimes you just have to be creative. Grab some Colorforms and apply wherever her smiling mug appears...here's a Disney Princess set which should work nicely:

 

[DanAdams]

Regardless of the legality, it's just bad form and false advertising to continue using old pics.
It's the lead singer!
Perhaps you can also open yourself up to a whole new legal issue by an entity that may hire you if you represent yourself by an image that does not represent the actual band that they believed to have hired.

 

[Killing Floor]

I’d promptly redo the promo. Any older performance videos that are online are probably fine because there is an upload date. If she throws attitude about them just pull them down and a flaming doody bag on her doorstep.

 

[gln1955]

I can't see how anyone would think it's a good idea to keep using promo videos with a lead singer who is not with band any more.

She may be a PITA about it, but she also is exhibiting common sense.

 

[Joe Nerve]

Judge Judy has a new show. Excellent publicity for both your band AND the singer. .

Even if it IS illegal to use her image... I can't imagine anyone actually going through the trouble and cost of attempting to sue you.

But on another note - I don't get this revenge thing people try to pull when they're kicked out of a band. I get that they get sore, but anytime I was ever bumped (yeah... its happened ) I want my face in their pics and vids as long as possible. Its good promotional stuff. And who really cares anyhow.

 

[MultiScaleMale]

If you fired her, you didn't want her associated with the act. So, don't.

 

[1960jbass]

Not related, but my band still uses promo photos with their former bass player who died 2 years ago. I think I need to talk to them......

 

[Medicine Man]

I parted ways with a guitarist who proceeded to use our pictures and recordings to promote his new band for over a year, so i get it. Best thing is to just take new pictures and videos.

 

[HardNHeavy]

temporary head