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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I own a company which produces Murder Mystery productions for

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I own a company which produces Murder Mystery productions for a wide range of audiences around the UK. If I have photographs taken for publicity purposes can an actor (retrospectively years after they were taken and used) state that he (or she) wishes all pictures or references to him or her in web sites, facebook pages etc be deleted?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What were the original terms of engagement with the actor?
Customer: replied 1 year ago.

The actor was employed by me on a part-time basis and worked for me for approximately 4 years. During that time his picture and name had been used on many occasions (with others) on my web site and Facebook for publicity purposes without any objection from him (or other actors ever). The actor in question has now moved to France and is setting up his own Murder Mystery company thre. It came to my notice (via his web site) that he is using MY copyright scripts without permission and when I pointed out he could not do that, he stated I must remove all pictures of him and his name from my web site and facebook pages. To do so would involve me in considerable expense and time and frankly it does not seem right to me that he has any legal right to demand I do that?

Expert:  Ash replied 1 year ago.
Did he have a contract? Did it say you could/could not use his image?
Customer: replied 1 year ago.

Yes he had a contract of employment but there was (at that time) no reference to photography. But he has never demurred from his photograph being used prior to this time. I employ over 60 actors (on a part-time basis) and not one has ever objected. In fact many of them copy pictures from my web site and facebook pages to use for their own purposes - including him.

Expert:  Ash replied 1 year ago.
On what basis is he saying he wants them removed? I assume this was only triggered by him breaching your copyright?
Customer: replied 1 year ago.

Yes, exactly so - these are his words after I challenged him over using my copyright material: "

Because of your attitude [and only because of it] I regret I must insist that you remove ALL pictures of me on your website within next 10 days [from today's date] as you do NOT have my permission to use photographs of me. In such time, you must also remove ALL references to me from all your postings on Facebook and any other social media as you do NOT have my permission to refer to me under any circumstances whatsoever.."

Expert:  Ash replied 1 year ago.
Sadly as an employee you have a right to use the material etc whilst he was in your employ.
If he was not it would be a different case. He can not withdraw permission only on the basis he was using your material in breach of your copyright.
So you do not need to do anything. he was employed by you and as such can use his image. It is like saying Disney can't use guest photos for TV ads because they didnt give permission!
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

No I am more than satisfied with your advice. Many thanks. I was fairly sure that must be the case but your confirmation is very helpful. Thank you again.

Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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