California Employment Law

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California Employment Law

California. I just have a legal question about a situation

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Hi Pearl: JA: What state are...
Hi Pearl:
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: Has anything been filed or reported?
Customer: No. I just have a legal question about a situation that's arisen regarding unauthorized use of my voice by a former client for on-going marketing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. I have worked for this automotive dealership for almost 30 years. I had a contract with retainer up until 2 years ago when the dealership fired the whole marketing group and went with another. Now they've fired their new agency and are re-hiring some of the old group. In the meantime, they're using my old VOs for broadcast and internet marketing. We have no agreement in place and it's likely i won't be re-hired when they select their new voice. Can I stop them from using my old voice work? if they won't stop do I have any legal recourse? Thank you
Submitted: 6 months ago.Category: California Employment Law
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Answered in 1 hour by:
5/11/2017
California Employment Lawyer: Maverick, Civil Trial and Appellate Lawyer replied 6 months ago
Maverick
Maverick, Civil Trial and Appellate Lawyer
Category: California Employment Law
Satisfied Customers: 6,425
Experience: 20 years of professional experience
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Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

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California Employment Lawyer: Maverick, Civil Trial and Appellate Lawyer replied 6 months ago

Yes, this may be actionable under CA Civ. Code 3344. The law protects personal attributes or aspects of identity from unauthorized use or misappropriation under a right of publicity claim.

Note: Just Answer’s site disclaimer apply to all services including premium services. This information may not be correct, complete or reflect current legal developments for your specific jurisdiction. Please do not act or fail to act based on it alone. Most follow-up questions are answered within 24 hours. Please assign a feedback rating when we are done so JA will compensate me for this answer. Thank you.

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Customer reply replied 6 months ago
Thanks. Would this apply even though I was paid initially for the voice work? When I was fired 2 years ago our services agreement was rendered null and void. Now that former client has begun using my old voicework for current marketing with no compensation or agreement in place. I plan to send a cease and desist letter but wanted to know if I was just wasting my time.
Thanks. Paul
California Employment Lawyer: Maverick, Civil Trial and Appellate Lawyer replied 6 months ago

You need to review your employment paperwork to see if you signed a licensing agreement allowing them to use your voice indefinitely or for a certain period of time in exchange for any payment you may have received as an employee or otherwise. While the service agreement may have terminated, it is not really possible for it to have been rendered null and void unless you were also made to pay back all the money you received.

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Customer reply replied 6 months ago
Good to know. There is no mention of any rights to future use of my work beyond the term of our personal services agreement which was terminated in June 2015. I just discovered they use my prior work on their internet marketing, YouTube Dealer Videos, In-Dealership Promotion and may air my radio and TV VOs next week.
California Employment Lawyer: Maverick, Civil Trial and Appellate Lawyer replied 6 months ago

So, good, then you should start with the cease and desist letter and if they are not willing to compensate you, you may want to hire a local intellectual property rights lawyer to represent you on a contingency fee basis.

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Customer reply replied 6 months ago
Thank you Maverick.
Much appreciated!
We're done.
California Employment Lawyer: Maverick, Civil Trial and Appellate Lawyer replied 6 months ago

You are welcome. You can reach me again in the future by starting your new questions with “This is for Maverick”. Thank you for using Just Answer!

P.S. Please remember to assign a positive feedback rating on this so that Just Answer will compensate me for this answer. Thank you.

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Maverick
Maverick
Maverick, Civil Trial and Appellate Lawyer
Category: California Employment Law
Satisfied Customers: 6,425
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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