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Former Employer still Using My Image - What can I Do?

Discussion in 'Intellectual Property Law Forum' started by Wolves, 19 June 2014.

  1. Wolves

    Wolves Member

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    Hi, New to the forum.
    I was a director of a company and resigned 12 months ago, not on friendly terms. My photo was used on their internet website when I was a director. That photo is still on their web site and they have recently used the same photo in Yellow Pages online advertising. Obviously I no longer want to be associated with this company as I now have my own company and advertising.

    My question is: What are my legal options to get them to stop using my image commercially? Does it infringe my copyright?
     
  2. John R

    John R Well-Known Member

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    Hi Wolves,
    1. Were you a company director and employee or simply a director?
    2. What did your employment agreement (or similar document) state in relation to copyright?
    3. Have you sent a "Cease and Desist" letter/email to your former company? If yes, how did they respond?
    Because you now have your own company (which I assume you are actively advertising), it may be considered a false or misleading claim for your former company to feature your image in their advertising when you no longer work for them. You may consider reviewing the ACCC's website on "False or misleading claims". One example they use is "a transport company uses a picture of aeroplanes to give you the impression that it takes freight by air, when it actually sends it by road."
     
    Paul Cott likes this.
  3. Wolves

    Wolves Member

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    Thanks for the reply John.

    Yes I have asked for all my images and name to be taken off any web sites and such but no response or action. There was no clause on copyright.
    I am dubious as to what an outcome would be with legal representation and the costs, because the impact on my new company is unknown. Probably just a bit sick of them doing this. Will probably write again and refer to your link.
    Thanks again.
     

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