Legal Question in Business Law in California
Use of personal name
My company hired me due to my name and reputation in the industry. They sought me out and hired me first as a consultant then as an associate. Three years later, they are eliminating my position. They use my name, title, signature, bio, and photos in a yearly publication that just came out, marketing materials, and other means. They also use it in certifications of personnel. My name and signature is on each certificate. I am well known in the industry. Do I have any rights as to them continuing to use my name and photos for the remainder of the year and beyond? Should I be paid any compensation for the use of my credentials, name, and photos. It seems that other companies in the industry may not hire me due to my association with the current company. Thank you for any help you can provide.
3 Answers from Attorneys
Re: Use of personal name
If you have a written agreement, your rights and the company's rights are likely to be spelled out in the agreement. If the agreement does not say that they can use your likeness it's unlikely that they are acting properly and you can take steps to protect your rights.
You should take your agreement to an attorney to review it.
Re: Use of personal name
This type of compensation is most often covered in the original employment agreement or the termination agreement. Most often, these agreements are written by the employer and therefore protect the employer the fullest extent possible. However, this is always something you could pursue further by having a qualified attorney analyze all agreements you may have with this company. If you would like to speak to me specifically about your situation, I would be happy to do so.
Good luck,
-Bryan
Re: Use of personal name
1) Have a lawyer send Company X a letter (on lawyer letterhead) demanding that they not distribute any more books, certificates, or materials with your name or likeness, and that they destroy all the ones they already have; and
2) Send out a press release to local newspapers and industry publications to the effect that well-known expert John Q. Smith is now President of John Q. Smith & Associates or whatever. Send copies to everybody who gets the yearly publication you spoke of (the publisher will be happy to sell or rent the mailing list). Set up a web page so that Google searches for your name will find your current contact info.
3) If Company X continues to use your name or likeness, or if your mug is still on their web site, long after you sent them the lawyer letter, sue! You could have a friend call Company X down the road and ask if you are still associated with them. If they say yes, sue!
4) If you are as well known as you claim, you should be quite marketable. Other companies know that stuff happens. Keep your chin up.
5) When negotiating your next position, consult a lawyer about what exact contract language you would need regarding Company Y's use of your name and likeness.
6) Try getting a consultant gig with a Wall Street investment firm or hedge fund, or becoming an expert witness in court cases regarding your industry.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
