employment law

can a former employer use me in a training video without my permission? They never had my permission to begin with. My image is blurred and my voice altered. However, this is the 2nd training video they put out. The first training video my image was blurred but my voice intact.

Asked on April 2, 2016 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A former employer can't use a ex-employee's picture or likeness without first having their consent. That is unless at some point during their empoyment the employee signed an agreement giving permission that their image could be used. However, in this case, since the company made efforts to disquise your image and voice you would have no claim (even for the first video since your voice, although not altered, would not readily be recognizable). Even if you if you could proceed with a claim for compensation, you most likely will not be able to receive any money. This is because, assuming that you are not a public figure, you really have suffered no damages since you would normally not be paid for the right to use your likeness/voice.


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