Legal Question in Business Law in California

Use of voice of former employee

My voice exists on the voice mail system of my former employer. Since my services are no longer available to this employer and he no longer requires my services, I requested to have my voice removed from the system within a given time frame. He agreed to have this done and gave me a day it would be done. It still exists on the system 2 weeks after he said it would be removed. Is there any way I can legally charge him monetarily)for the use of my voice?


Asked on 4/06/03, 5:14 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Use of voice of former employee

you may have tortious causes of action against your former employer, specifically for invasion of privacy. however, such cases would require to show that this employer is misappropriating your "likeness/voice" for commercial gain. thus, you would have to show actual damages here that you would be suffering in order to really recover any amount against your former employer. however, you still may be entitled to equitable relief in the form of an injunction to "compel" him to remove your voice from the voicemail system for the reasons you submitted along with your question. if you would like further assistance in this matter, feel free to email me today with more details, specifically your strong reasons for wanting your voice removed asap form the voicemail system.

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Answered on 4/08/03, 2:35 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Use of voice of former employee

Dear Neighbor: You could probably sue and win, but unless you could show damages you wouldn't recover more than a token amount. Unless you are a famous radio personality your judgment would be $1 and a cease and desist order. It probably isn't worth the filing fees, to say nothing of the attorney fees, unless you are willing to pay a high price for a moral victory.

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Answered on 4/06/03, 9:55 pm


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