Hey there.  So you have a little pot luck in the conference room.  Everybody is having a great time.  Someone grabs their phone and does a few quick selfies to commemorate the fun.  You love them, and post them on your company Facebook page to show how much fun it is to work at your company.

Oops – hold on there.  Did you have permission to use those pictures – and I don’t mean from the person who took the pictures – I mean from the people who are IN the pictures.

Well, in this episode, we’ll chat about why it’s important to get an employee’s consent before using their photos or videos for social media, advertisements, and all that jazz.

In the age of social media, brand management, and online advertising, it’s really important to understand the legal implications around using your employee’s face without their permission.  Why?  Well because it can have some serious legal consequences.

So first off, what is an employee’s likeness? Well, it’s anything from a photo, a video, a drawing, or even a GIF that shows someone’s face or identity. I know, we as employers, use these images for marketing, promotions, training, etc. all the time.

The problem is, using an employee’s likeness without their permission can land you in some hot water. The Supreme Court has recognized that states have the ability to designate something called a “right of publicity.” The right of publicity protects an individual’s economic interests to control the commercial value of their name and likeness and to prevent unauthorized exploitation by others.

In simpler terms, if you don’t have permission to use someone’s face or name, you could be violating their rights.