Legal Question in Entertainment Law in Illinois

Re: group using my image for promotion

There is no hard-and-fast rule. The answer is based not only on concepts such as "right of publicity" but also on the agreements the members had among themselves.

For example, I don't think that a large symphony would have to remove group pictures from its web site simply because a couple of members has left the organization. Even a small band would probably be justified in using shots of live performances that incidentally show members who have moved on.

As to biographies and individual photos, those should come down reasonably soon in most cases. Even there, however, if recordings which include your performances are being sold, there may be an argument that your photo and biography are part of what you contributed to the creative effort.

In any event, the first step is to demand, in writing, that they remove your photo and biography. If they refuse to do so after a short time, you should consult a lawyer who can go over all of the facts with you.

Good luck.

David K. Staub, Illinois business and tax attorney

Re: group using my image for promotion

Great question. Certainly a cease and desist letter would be reasonable under the circumstances. Often that would be enough to have them change the information. Your image and reputation are important to you, especially if you are trying to promote yourself in your latest endeavor. Contact my office and I'll be happy to give you a free consultation to perform this service for you.

Thanks.

Terry Leeders