VIC Ask Previous Employers to Stop Using My Personal Image?

[Billy Clark]

I have worked for a company as a business trainer and manager. I appear on YouTube video helping promote their products. It was not in my contract, nor did I sign a form to allow them to use the image, however I did do it freely to support the brand.

I have resigned.

Can I ask them to remove them under Employment Law or can they still use this?

Thanks.

 

[Sophea]

Hi Billy,

Yes you can absolutely ask them to remove the videos associating you with their business, however whether they comply is another story. Australia has no specific law aimed at preventing the unauthorised use of your image however there are some broad principles of consumer / commercial law that may apply in this case.

If you created the pictures or the video or otherwise own the copyright in the videos and pictures then obviously by posting them without your consent would be breach of copyright. However, assuming that they own copyright in the videos they are using, you still have a few options.

1. Misleading and deceptive conduct under Australian Consumer Law - if you are a celebrity or well known in your area of business, your former employer may be engaging in misleading and deceptive conduct by continuing to display your image in videos associating you with their brand. This generally only works however if you are a celebrity or fairly well known;

2. The law of passing off -
It is useful to protect an individual or business against a deceptive misappropriation of its reputation by another business. To establish "passing off", you must prove that you have some reputation, and that your former employer is making some misrepresentation which causes or is likely to cause damage to you. Again you must establish you have some level of business reputation to successfully bring this action.

 

[Billy Clark]

Hi Billy,

Yes you can absolutely ask them to remove the videos associating you with their business, however whether they comply is another story. Australia has no specific law aimed at preventing the unauthorised use of your image however there are some broad principles of consumer / commercial law that may apply in this case.

If you created the pictures or the video or otherwise own the copyright in the videos and pictures then obviously by posting them without your consent would be breach of copyright. However, assuming that they own copyright in the videos they are using, you still have a few options.

1. Misleading and deceptive conduct under Australian Consumer Law - if you are a celebrity or well known in your area of business, your former employer may be engaging in misleading and deceptive conduct by continuing to display your image in videos associating you with their brand. This generally only works however if you are a celebrity or fairly well known;

2. The law of passing off -
It is useful to protect an individual or business against a deceptive misappropriation of its reputation by another business. To establish "passing off", you must prove that you have some reputation, and that your former employer is making some misrepresentation which causes or is likely to cause damage to you. Again you must establish you have some level of business reputation to successfully bring this action.

Hi Sophea,

Thank you.

I know the answer may be the same, but what if in my role I was also the presenter in their online training videos.
Does the same apply?

IP is an interesting one. I use word tracking, lets say, that I developed to help increase the sales process. But still as an employee.
Does it give me the right to ask them to remove or pay to use still.

Hope this makes sense.