Q: Can I use pictures from someone I hired previously?
I hired someone for my business to play Santa and pictures were taken. Due to unprofessional issues on their part, we couldn’t rehire this year. Could we still use pictures we took with him in advertisements this year? Or can we get in trouble legally?
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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.
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