Legal Question in Intellectual Property in Connecticut
Photos and Rights
Hello,
my sister once worked for a store that sells ''adult'' paraphenalia - movies, clothing, toys, etc. While she was working there, she allowed the owner to photgraph her in some of the clothes to use for advertising, but never signed anything giving him the right to use her photo, no contract and was never paid. Her photo ran a few times while she was working there.
Several years have passed, and she has since gotten a job with a reputable beverage company doing customer service. She stumbled upon a current advertisement by her former employer, and he is still using her photograph in his ads. Does she have any recourse to have him cease the use of her photo, and/or is she entitled to sue? Who does the image belong to?
1 Answer from Attorneys
Re: Photos and Rights
I would need to interview her re: her understanding of the initial use of the photos and the arrangements made, as well as review the website involved.
There may be a strong basis for issuing a Cease and Desist letter for (c) infringement and unlawful appropriation for commercial use.
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