Legal Question in Employment Law in New York

Image Ownership/Image Rights

I worked for a bachelor party comapny for the last year, involved in this was numerous photo shoots for promotional purposes. I no longer work for this company, and have asked them to discontinue use of my image as I'm attempting to attend medical school and DO NOT want these photos to negatively affect my admissions. The company will not remove the photos from their website and continue to advertise me as a dancer for the company. What rights do I have to these photos since they use my own image. I signed a simple release and was told by the owner of the business that he ould not use my photos after I left, but he continues to do so- do I have any legal right to my own image?


Asked on 8/17/06, 4:47 pm

2 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Image Ownership/Image Rights

It depends on the wording of the release that you signed. Having an attorney review the release would be the first step towards putting this behind you.

If you wish to arrange for a consultation, you may contact me via email. Best of luck.

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Answered on 8/17/06, 5:17 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Image Ownership/Image Rights

I would need to review the documents that you signed. If the image is one that was taken while you were in their employ, and was what your employment entailed, (modeling or dancing, with photo permission,) they probably own the photos they took of you while you were working for them.

If you signed an agreement when you were employed, that wording, construed with the release

will answer the question.

A cease and desist letter should be sent to the company: and depending on the nature of the "release" you still might be able to enjoin the

use of your photo if they refuse to cooperate.

If you wish to discuss this please contact me.

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Answered on 8/18/06, 1:12 am


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