Post Employment Use of Photos on Social Media

[Ermanno Santilli]

Jurisdiction

Florida

Good day,

A close friend of mine was a prominent and very public employee at a company which is active on Social Media. She is a great photographer and very photogenic as a result she took many pictures of their products and she herself was included in many pictures of the company's products.

Her job description neither included these photographic services nor was she compensated for them.

After the date that her employment ended the company continues to use pictures she took and of her person in new social media posts.

Does she have recourse to request that a) the company stop using pictures she took of their products and b) does she have recourse to request that the company stop using pictures of her person now that she is no longer employed.

No employee contracts of any kind were ever signed between the former employer and my friend.

You assistance would be appreciated, thank you.

 

[Zigner]

Yes, she has the absolute right to make those requests.

However, I'm pretty sure that's not what you really meant to ask. If I had to guess, I would guess you're asking if your friend has the ability to force them to remove the photos, and that is a much different question.

Has she asked?

 

[adjusterjack]

Agree. She should ask, and put it in writing.

Then SHE can come here for additional conversation if they don't comply.

Nobody here cares much for secondhand information. She'll get better responses if she posts here herself.

 

[Ermanno Santilli]

She has only asked for photos of her person not be used now that she is no longer employed. Their response was derision and stated that she was an employee and that all the photos taken of their products and those with her in them are their property and that they can use them whenever they wish.

 

[Zigner]

She has only asked for photos of her person not be used now that she is no longer employed. Their response was derision and stated that she was an employee and that all the photos taken of their products and those with her in them are their property and that they can use them whenever they wish.

They may be right. She should speak to an attorney.

 

[zddoodah]

Does she have recourse to request that a) the company stop using pictures she took of their products and b) does she have recourse to request that the company stop using pictures of her person now that she is no longer employed.

I'm not sure what you might mean by "recourse to request."

She can, of course, request anything she wants. In fact, your follow up post indicates that she did make such a request and that the former employer has declined her request.

So...what's she going to do about that?

She has only asked for photos of her person not be used now that she is no longer employed. Their response was derision and stated that she was an employee and that all the photos taken of their products and those with her in them are their property and that they can use them whenever they wish.

With respect to photos she took, the former employer is apparently taking the position that it owns the copyrights as works for hire. See 17 U.S.C. sections 101 and 201(b). The information you have provided is insufficient to permit an intelligent conclusion about whether or not the former employer is correct.

However, as to photographs that depict her, she may have a better argument that the continued use is a violation of her right of publicity. See Fla. Stats. section 540.08; see also Downing v. Abercrombie & Fitch, 265 F.3d 994 (9th Cir. 2001); Toney v. L'Oreal USA, Inc., 406 F.3d 905 (7th Cir. 2005). While these are not Florida cases, they continue to represent the majority view on the subject.

If your friend really wants to pursue this, she should consult with a local attorney.

 

[adjusterjack]

she herself was included in many pictures of the company's products.

If those photos contributed to the company's profits it might be worth her while to speak with an intellectual property attorney to see if it's worth pursuing.