use of my likeness in an advert - options?

[vshylock]

Hi guys, not sure if this is the right part of the forum for this thread, so please move it if necessary.

In 2010 I had a principal part in a TV ad for a massive corporation. It was broadcasted worldwide. I was being paid every year for the usage of my likeness, as well as a one-off for my performance. The last period I was compensated for was up more than a year ago. The company advised me that they would not be using the advert anymore and I requested that it is taken down from any official websites and online video channels they have. They confirmed that my request was met.

Actually, for that I was contracted by a sub-company which was responsible for the campaign and I never dealt directly with the big company. All my payments were through the sub-company. However, it was a one-off thing and I am not currently dealing with them.

Today a friend of mine pointed out that one version of the advert is currently live on the official youtube channel of the company and it has been there continuously for the last 2 years. The ad is language specific for one country, but is accessible from all over the world. I don't have info if it has been used in any other medium (besides online) during that time.

Is it realistic to think that I can get them to compensate me for the time that they have been using my likeness... even if they claim it was "by mistake"? What are my options and should I communicate with the big company directly, or do I have to stick to the sub-company even though our contract has expired?

I am happy to provide more info, just let me know what more info is needed.

I'd be very grateful if you could give me any tips and advise me on my options in this case. Thanks!

[EXC]

Re: use of my likeness in an advert - options?

It's tough to say who would be responsible (if anyone). Are you sure the contract with the sub company expired at a particular date? Have you got it in writing from the principle company that they'll take down any videos.

Also are you sure that it wasn't the sub company that uploaded it to the utube channel?

It sound to me your first port af call is with the main company given their assurance.

[vshylock]

Re: use of my likeness in an advert - options?

EXC, thanks for your reply!

The contract with the sub company was about me acting the part and grant them (and therefore the principal company) the right to use my image as necessary for the campaign... that was not granted in perpetuity but rather on a year-by-year basis. The period I was paid for is up for sure... we would sign annexes to the main contract to extend the period. It is said in the contract that I would agree to grant the same right again and again if necessary, but that has to be arranged and paid for (rates were pre-determined for the first two years only).

I'm positive that the video has been uploaded by the main company as that is their official youtube channel and the sub company has no access to it. When I requested the sub company to have the videos taken down, they had to request the main company to do so. However, it seems that the principal company would rather deal with me via the sub one. The thing is that the sub is not cooperative and they had tried concealing that the ad was aired on TV in a few countries in the past, so I had to alert the principal company directly but they passed on my email to the sub one instead of communicating with me and the matter was resolved to my satisfaction.

I have an email from the sub company confirming that they had requested the principal company to take videos down and they actually did remove most of them, but this one they omitted.

For example, if BMW uses your likeness in one of their ads and keeps it online for a longer time than stated in the contract (without reaching to you), would it be appropriate to just approach them and demand a payment for the time they have had the ad online, but you were not paid for? Even if they take it down on the day, it would have still been on for some time (in my case - more than a year). Am I right to assume that the official youtube channel would have the same legal status as the official website of the company for the purpose of advertisement?

[EXC]

Re: use of my likeness in an advert - options?

For example, if BMW uses your likeness in one of their ads and keeps it online for a longer time than stated in the contract (without reaching to you), would it be appropriate to just approach them and demand a payment for the time they have had the ad online, but you were not paid for?

I can't see why it wouldn't be appropriate to approach them. I'm not sure I'd demand payment straight away though. Maybe first get them to confirm that it contravenes the take down agreement you had with them and/or the sub company.

Even if they take it down on the day, it would have still been on for some time (in my case - more than a year). Am I right to assume that the official youtube channel would have the same legal status as the official website of the company for the purpose of advertisement?

I'm not sure but you did say the agreement included any online video channels they have anyway.