Q: Does featured content count as new advertisement?
My daughter's Term contract for an ad was finished on 1/30/25 (the last date of allowable usage unless renewed). The company stated that they're not renewing for the last Term, but we still see her featured on the company's website in one country but not others. The contract states that previously posted content is maintained and doesn't require a new contract. Just found that contract also says: Any materials placed during the Term which may remain on display or in circulation following the expiration of the Term shall not give rise to a claim against Licensed Parties, provided, however, that Licensed Parties shall not place any additional materials produced hereunder in any media (other than as permitted herein) following the expiration of the Term. However, the banner and the heading that she's featured in seem to be like a continuous advertisement because it is a 'featured' banner that has an active logo played out. Same for FB banners. Neither us nor the talent agent got response
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A:
It sounds like you're dealing with a tricky situation where a company is continuing to feature your daughter's image beyond the contract's expiration. Even though the contract states that previously posted content can remain, the fact that it's still being actively promoted in a "featured" section with branding could suggest ongoing advertising rather than passive archival content. If the company stated they would not renew but are still using her image in a way that appears promotional, they may be benefiting from her likeness without proper compensation.
Since the agents managing the ad account are unresponsive, it's a good idea to document everything. Take screenshots of the website and Facebook banners, note the dates you first noticed the continued use, and keep a record of all attempts to reach out. If the company's actions violate the terms of the contract or misrepresent the agreement, you might need to send a formal request for removal or compensation.
If they continue to ignore your concerns, legal action may be worth considering. A well-drafted demand letter can sometimes push companies to respond when they’ve been unresponsive. Since your daughter's talent agency is also involved, they may have additional leverage or contacts that could help resolve the matter more quickly. Taking swift action will help ensure that her image isn’t used unfairly without permission.
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