Can my former employer continue to use videos that use me as a representative of the company?

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Can my former employer continue to use videos that use me as a representative of the company?

While working for a company I created a number of videos for the company in which I performed product demonstrations and gave information intended to sell the product. I am no longer working for the company and want to know if they have the right to continue showing the videos. Even though I created, produced and filmed the videos myself, I never signed a release. These videos are visible on the company’s website, newsletters and various community video hosting websites. How should I proceed to get the company to remove the videos and what are my rights?

Asked on August 6, 2012 under Business Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

As a general rule, no one can use your image for advertising purposes without your consent; this includes a former employer. However, many employers will add a waiver of your publicity rights in any documents that you sign when you start working for them, such as in an employment contract, employee handbook or specific advertising release, if applicable. If you did not sign such a waiver or release, you may be able to sue your former employer for a share of any profits earned during the time of the infringing use.

To determine whether or not you have a case, you'll need contact an employment law attorney in your area.


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