Legal Question in Intellectual Property in Kentucky
Fair Use Provision of the Copyright Act (Statutory Decree, Section 106).
Is it legal for someone to use your picture on a web page after your contract is up & no longer work there? i.e., for solicitation of their business. I did a few searches on the web for "unauthorized use of personal pictures". All the articles I read are for copyrighted material. My pictures(Two) are being used by a former employer. They never told me they were going to post it, & they are still there. I don't really like the fact that they are utilizing my image when I no longer work for them. Should I tell them to take it off the web page, or is that up to them to do it? It looks like false advertising, since I am not the person they would be dealing with. The business is for computer instruction.
Fair Use Provision of the Copyright Act (Statutory Decree, Section 106).
1 Answer from Attorneys
Re: Fair Use Provision of the Copyright Act (Statutory Decree, Section 106).
You're a bit off track thinking about this as a copyright issue. I would focus on state tort laws relating to expropriation or misuse of your image (picture) for commercial purposes, as well as unfair and deceptive trade practices. You should send a demand letter by certified mail, return receipt requested, to formally require that your image no longer be used in promoting your former employer's business.
Consult a lawyer in your own state on the particular protections of your local laws. Best wishes,
LDWG
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