What to do if a former employer is using an old poto of me?

About 40 years ago I worked for a well known company. I recently was informed that they are using a photo of me in their stores. Do you think I should receive some financial benefit for this type of advertisement?

Asked on February 11, 2013 under Business Law, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue your former employer for invasion of privacy.  Invasion of privacy includes the appropriation of your name or likeness for commercial purposes without consent.

Your damages (monetary compensation you are seeking in a lawsuit for invasion of privacy) would include general damages. In addition,  your damages would also include if applicable, harm to business or social interests, mental distress, physical illness.

As for compensation from your former employer aside from the lawsuit, that would depend on the terms of an agreement you may enter into with your former employer.

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