Legal Question in Civil Litigation in California
Revoke permission to use image
Q: I gave a professional organizer permission to take and use photos of my room (before & after pictures). She never finished the job. I wrote her a letter paying her the money owed (wanted to get rid of her) with a clause saying ''I am hereby revoking my permission to use any reference (including photography and personal information) of my home or services provided to me. By cashing the check provided within this letter, you are agreeing to this amendment. ''. She is refusing to stop using my pictures in her promotion of her service. Do I have the right to revoke this permission?
If so what action do I take next?
Background:
I hired a professional organizer to organize a room. She did a terrible job and did not finish the room to my satisfaction. She was suppose to come back and finish the room but later called to say she decided that SHE was happy with the work done and didn't want to come back. She was quite nasty and threatening. I chose to pay her the rest of her money owed to her with no further work being done because I didn't want her back in my house again. I would like to revoke permission for her to use pictures of my house.
1 Answer from Attorneys
Re: Revoke permission to use image
What does the contract state as to who has to be satisified with the work done? If the contract is unclear on that, whomever wrote the contract has the lack of clarity intrepreted against their position and in favor or a reasonable position by you. Normally it is the customer who has to be pleased.
It appears that she failed to comply with or breached the contract, so that she can not enforce its terms and you can insist that she not use the pictures. But it is not going to be worth the money to sue, especially since what your damages are is unclear except perhaps the amount of the contract less anything positive she did.
Is she a member of some trade organization, has a boss, or there is someone else with some degree of power over her. Complain to them. I assume the photos are for publication in some print media that she does not own. Call them up and relate what occurred and you do not want them to publish te photos.
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