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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Images,videos and audios of myself have been used

Resolved Question:

Images,videos and audios of myself have been used for over a year
Online, advertising and as part of a sale of a product.
I never signed a release form nor did I give permissions for any of these to be used
Especially if it was apart of the company to make money out of the videos.
Am I right in saying that they have broken a trademark IP law here for illegal use of my images and footage of me for the use of sales of their product.
Do I have the right to compensation here and to be paid for my work?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How did you come to be in the promotional materials?
Customer: replied 2 years ago.
I was employed by the company powerwave sport limited to film and present and devise workout videos.
I also did photoshoots for this product as well as record several and all motivational audio clips people can work out too.
This to my knowledge was for internal use only.
The workout I devised and presented is called the wave20 workout.
Powerwave for over a year have been using my pictures , videos and audio to promote, sell and advertise their product.
They sell access to my videos as part of the package when you buy a powerwave for the price of £120 plus VAT. Customers have 24 hours access online to all these workout videos I presented and filmed.
I never gave permission nor signed a release form at any point
If that was thecastingsuite would of demanded upfront payment and a buyout fee as I am a working model and dancer and use my image for a living.
I have filled a small claims court to be backdated and paid for my work.
What IP Laws could help me with my situation ?
Expert:  Ash replied 2 years ago.
I assume you were paid for the work you did whilst employed?
Customer: replied 2 years ago.
No I have not been paid
And now they are making money from the work I done
And it's been a year now
I wasn't made aware they were going to use all videos, audios and pictures for external , advertising and apart of the product they were selling
Otherwise I would of demanded a release form as well as an upfront buyout
Expert:  Ash replied 2 years ago.
You said you were employed by the company?
Customer: replied 2 years ago.
I was booked as a model and presenter and fitness instructor for the photoshoot and recordings
Expert:  Ash replied 2 years ago.
But not paid by anyone?
Customer: replied 2 years ago.
No not paid ever by no one at all
Expert:  Ash replied 2 years ago.
Did you submit an invoice? Was there a contract?
Customer: replied 2 years ago.
No contract
No release form and no invoice
Expert:  Ash replied 2 years ago.
How much are you seeking? Why did you do the work if there was no contract? How were you engaged?
Customer: replied 2 years ago.
The owner of the business was a friend who I trusted
I'm seeking £4200
That's £350 per month for 12 months compensation
Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
Can you please clarify if the defendant is committing an infringement here on IP laws in someway ?
Expert:  Ash replied 2 years ago.
It really depends on what was agreed. If you agreed to do the work and no terms were agreed, then it would not necessarily be unreasonable to assume he could do what he wanted with it. But if you told him he could only use it internally then yes you do have a claim.
Does that help?
Alex
Customer: replied 2 years ago.
I never told him he could use any of it externally.
So does this mean he's infringing on a IP law here?
Under which section is most appropriate?
Expert:  Ash replied 2 years ago.
It would be breach of contract, if anything.
The terms were agreed, they were breached and you suffered loss.
Does that clarify for you?
Alex
Customer: replied 2 years ago.
But what if there was no contract ? Does it still stand ?
Expert:  Ash replied 2 years ago.
Yes, it is oral.
If nothing was discussed that may cause difficulty. But I understand you said it would only be used internally and he agreed.
Alex
Customer: replied 2 years ago.
Ok thankyou.
I just need to know that when I send them the letter I need to know under what Act or section this infringement comes under?
Expert:  Ash replied 2 years ago.
It is breach of contract, that is common law. As such there is no specific act. You just write and say they are not acting in accordance with the agreement which was x,y,z.
You set out the terms, set out the breach and set out your losses.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years 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