Commercial Use of Video

[DJPat]

Greetings forum. This forum seemed like the best place for this question. If not, please let me know which is more suitable.

I worked for a transportation company in Staten Island, New York for about a year and a half from November 2008 until August 2010. While employed there, I was asked to film a commercial for the company as part of their recruitment campaign to hire more drivers. I was compensated a day's pay for this.

I resigned from the company in August 2010. To this day, the commercial is still airing in local markets on many cable stations with my likeness clearly visible. I do not remember if I signed a release. The original commercial advertisement also included a voiceover by me, but they have since modified it to only include my likeness with another artist doing the voiceover.

My question therefore is as follows: Is there a time limit as to how long they can use my likeness? Can I be compensated further since they are still using my likeness? I have contacted the cable station that airs the spot, and they can tell me how many times it has aired, on what channels, etc.

If anybody can offer me some advice, I would be most grateful.

Thank You.
DJ Pat

 

[Zigner]

I do not remember if I signed a release.

When you remember what you signed, come on back. Before that, everything is a guess.

 

[cool_lawyers]

When you remember what you signed, come on back. Before that, everything is a guess.

True. You always have to remember what you sign. Don't take contracts and your signature lightly.

 

[quincy]

If you were an employee of the company that did the filming, at the time the recruitment ad was filmed, the ad and your participation in it could potentially be seen as part of your work duties for which you were duly compensated. The company would own all rights in the work.

You can have an attorney review the ad and any work agreement you had with the transportation company, but it is very likely that the company had you sign a standard release form giving them the rights to use your image in the ad for as long as they choose to air the ad.

 

[asiny]

As you participated in, were well aware of being filmed and knew the use was for commercial purposes... you have no rights to go back and sue the company for use of your likeness. Regardless of not signing any paperwork agreeing as to the use of your likeness.

Had you signed releases- do you recall getting anyone to sign releases that YOU filmed for the commercial? If not, what makes you think you signed a release?

Is there a time limit as to how long they can use my likeness?

No. Because, as posted above, you knew the use of the video and were aware of being filmed. At no time during filming did you object to their use or inquire as to the length of use.

Can I be compensated further since they are still using my likeness?

No. See above.

I have contacted the cable station that airs the spot, and they can tell me how many times it has aired, on what channels, etc.

Very nice. At least you can tell those in your family, who missed it since it began, when they can catch it on-air.

Again, as others will tell you, you can go and sue anyone you want- just be sure to have the bankroll behind you because no attorney would take this on contingency.

 

[quincy]

asiny, it may not be quite as clear cut as you state. That is why a review of all of the facts is necessary.

Any agreement made over the use of the video could determine whether the use of this video has exceeded the permission granted - and the fact that the company now has a voice-over may be a clue that the company is on shaky ground in using this video with their former employee's likeness.

I doubt there is anything DJPat can do about the airing of the video, but I would never want to tell him that for sure, without knowing far more than we know.