Post Employment Use of Photos on Social Media

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?

 

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.

 

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

 

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?

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.

 

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.