QUESTION
Can I stop an ex employee from using photos taken inside my business and of my clients, to advertise as/for her own business?
Asked on Dec 14th, 2013 on Intellectual Property - Pennsylvania
More details to this question:
First, not sure topic of intellectual property is the right fit but... I own a hair salon. I have an ex employee that is publicly using photos of my business and my business' clients, taken while she was employed with me, to promote herself and her new business. These photos were solely for my business advertising and compared to ANY other salon in Central Pa, the inside of my salon is very unique in it's color scheme, layout, etc, which makes the backgrounds in these photos easily recognizable. (I am getting flooded with calls from clients asking if I changed my salon name, or moved, among other tiring questions) I read somewhere that even though she took some of these photos for my business, she can not do this without written permission, seeing she is using my business property to advertise for a new salon, for monetary gain. Is this true? If it is illegal, what is it called? What can be done to stop it? How do I do it? Thank you in advance!
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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In most cases, the person who took the pictures is the owner of the copyright. For example, a wedding photographer owns the copyrights to the pictures they take even though the bride and groom are in most of the pictures and paid the photographer to take the pictures. The church doesn't own the pictures taken there. The reception hall does not own the pictures taken there. Transfer of the ownership of the copyrights require a signed writing. If the ex employee did not take the pictures, you can get ownership of the pictures from the person who did and file suit.
If copyright infringement is not an option, you can also try unfair competition. Most states have broadly written unfair competition laws to protect businesses from competitors misleading customers for the purposes of gaining an unfair business advantage.
Keep in mind, even if you successfully get the ex employee to stop the using those pictures to advertise, you may find the court awards you less in damages than your legal counsel will cost.
Good luck,
Todd
Answered on Dec 16th, 2013 at 10:46 AM