Dear XXXXXtian, Thank you for your follow up. Interestingly, the very similar legal issue was raised in a case related to Doors and the late XXXXX XXXXXon Densmore v. Mazarek, 2008 WL(NNN) NNN-NNNN(Ca;.APP 2 Dist.) and while that case dealt with many different issues, the use of the photo / image of late XXXXX XXXXXon was one of them.
The court sustained an injunction against using Morrison’s name, likeness, voice or image to promote defendants’ band. Here the court turned performance critic: “From an artistic or musical perspective, briefly displaying a photograph of Morrison during or immediately prior to a concert adds nothing to the performance and is, in fact, not a part of the performance.”
Court has ruled that under the injunction, defendants can use Morrison’s likeness for any “legitimate” purpose, “such as an account of the history of The Doors, or in telling the story of 20th century rock and roll. The only act it prohibits is using Morrison’s name and likeness to promote appellants’ band or their concerts.”
So basically, the same concept would apply to your situation, as what your former band is doing, can constitute false advertising, among many other legal issues and I would suggest that you do consult and retain a local entertainment law attorney, who can send a cease and deceased notice to the band and demand for them to stop using your image in any concert / performance promotions.
I wish you the best of luck!
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