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    tides1's Avatar
    tides1 Posts: 2, Reputation: 1
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    #1

    Jun 27, 2013, 09:45 AM
    Cease and desist letter to a former employer
    I used to sing in a cover band. Since not being in the band anymore I have requested many times that the band no longer uses any photographs or audio/visual recordings of me for any form of advertising. It is going on 2 years now and they are still promoting the band with my photographs and a/v recordings in order to book gigs. What can I do about this?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 27, 2013, 09:52 AM
    Contact an Attorney. Is the band misrepresenting the situation, stating that you are still with the band?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Jun 27, 2013, 10:43 AM
    It might be cheaper to sue them in Small Claims. For about $50, you can fill out a claim and pick an amount for damages, even if you lose based on not being able to show how you have been harmed monetarily. It might be enough to get them to stop.
    tides1's Avatar
    tides1 Posts: 2, Reputation: 1
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    #4

    Jun 27, 2013, 11:02 AM
    I firmly believe they are misrepresenting themselves by booking gigs with the use of their corporate promo DVD. This audio and visual recording has an enormous amount of video that includes me and the majority of the vocals are of my voice. They even went as far to use MY vocal tracks in a recent video of a gig that I did NOT perform in. Beyond that they still plaster my photographs everywhere. I have spoken with the owner on several occasions regarding this matter and I do have a trail of email correspondence regarding this matter between the owner and I as well.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jun 27, 2013, 11:13 AM
    I think you need an Attorney, and I'd get one fast.

    Sounds outrageous.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #6

    Jun 27, 2013, 01:54 PM
    I'm just worried that there was a contract giving away all rights to video/audio/stills.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Jul 1, 2013, 04:46 AM
    OP doesn't have the rights to material created while OP was with the band, and does not have the right to control whether such material is pubished. As far as misrepresentation is concerned, that's a matter between whoever pays for performances and the band. I believe OP lacks standing.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jul 1, 2013, 07:01 AM
    I believe the OP can stop the use of his photograph(s) for ongoing publicity.

    I am not talking about previous recordings and previous works. I am addressing photographs.

    I also notice that the band was his "employer."
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