Legal Question in Entertainment Law in New Hampshire
I am a model. Although I requested they stop, a client (MD Hearing) continues to use my images on a national platform beyond the usage dates stipulated in the contract. My request and relevant conversations are documented via email. No terms for additional buyout were in the original 2 year contract. The client has recently replaced my head and used only my body in Parade Magazine. I have an agent but she is simply relaying information. I wonder whether or not my case is worth pursuing. I'm asking for a fee for unauthorized usage as well as a fee for the months (now 6) that the images has run. The fee is more than the original rate.
1 Answer from Attorneys
A license in its essence is an agreement to refrain from enforcing legal rights in exchange for payment. Upon the termination of that agreement, the parties revert to their pre-contract status. Your specific rights depend upon your own state of residence and also the jurisdiction of the infringer. Best wishes, LDWG