Legal Question in Intellectual Property in Texas

I worked for a company that was on-site @ the hyatt lost pines resort in bastrop, texas. we provided trail rides and horseback riding to guests. during my employment there, we did a photo shoot for the hyatt. my picture is on their website and i have also found it in a magazine for nov./dec. issue - twice i never gave anyone permission to use my picture either for my employer, the hyatt, or this magazine. do i have any rights?


Asked on 1/10/11, 9:42 am

1 Answer from Attorneys
Charles Williamson Charles J. Williamson, Attorney At Law

Although you may exercise your right to have your likeness removed, the real question to ask is whether you have suffered any "damage" (economic and/or bodily). Why this is important is because you can spend a lot more on legal fees to have the picture removed than you will ever receive in damages. I would suggest another tact, simply ask your employer, Hyatt, to remove that particular photo from the website. This won't cost you anything and you'll accomplish your objective. However, the answer to the question of whether you "have rights" that will provide you with a payday by taking legal action is no.

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Answered on 1/15/11, 11:01 am


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