Q: Can I use pictures from someone I hired previously?

A: This is an interesting question both for the naughty Santa aspect and for the confusion of copyright with name image and likeness, and also because it provokes more questions.

Whoever took the pictures owns the copyright in the pictures, unless they assigned the pictures copyright to you. Did they? Maybe they licensed the pictures to you. What are the terms of that license?

Whoever is in the pictures probably has the right to prohibit you using their name image and likeness to promote your business, unless they licensed you to do so. Did they? What are the terms of that license?

You should work through these questions with a TX attorney.

A: The answer to your question depends on several key factors, primarily the agreements made when the Santa performer was hired and whether any contracts were signed regarding image rights and usage.

If you had the Santa performer sign a photo release form or included image rights in their employment contract, you can likely continue using those photos in your advertising. However, if no such agreements exist, you might need written permission from the performer to use their likeness in promotional materials, as individuals typically have rights over how their image is used commercially.

Your safest course of action would be to review any paperwork from the original hiring, check for photo releases or image rights clauses, and consider reaching out to the performer for written permission if needed. While it might feel awkward given the professional issues, getting proper authorization could prevent potential legal complications down the road. If you're concerned about legal risks, consulting with your business attorney would help clarify your specific situation.