If you’ve spent years building your employer’s brand—appearing in videos, posting on social media, becoming the recognizable “face” of the company—you may assume that when you leave, your image leaves with you. In New York, that assumption is only partially correct. Because while your employer may own the content you created, you still own your identity. And that distinction matters more than most employees realize.
When Your Work Becomes Their Property
If you created content as part of your job—whether that’s social media posts, newsletters, marketing content including photos and videos, educational or branding content, it is likely considered a work made for hire, meaning your employer owns that content. So yes, they can usually keep your videos online, maintain past campaigns and continue using the materials you helped create. That part is standard.
But Here’s What They Don’t Automatically Own
What your employer does not automatically own is your name, your face, your voice and your likeness (including AI created Avatars associated with you). In New York, these are protected by law. Companies cannot use your identity for advertising or promotional purposes without your written consent.
While you’re employed, your participation in marketing is typically assumed to be part of your role. But once you retire or leave, you are no longer affiliated, you are no longer endorsing the business and you are no longer being compensated for your image. Yet your likeness may still be out there—sometimes prominently. That’s where legal risk—and leverage—comes into play.
There is a difference between existing content remaining online (generally allowed) and your image being used in new marketing efforts (may require consent). If your former employer turns your old content into new ads, continues to feature you as a “current” face of the brand or suggests you are still involved, the former employer may cross the line into unauthorized use.
What Controls the Outcome?
The answer almost always comes down to one thing, what written agreements exist addressing these issues? What did you sign? What is in the employer policies and handbooks? If you signed an agreement that includes a release of your name and likeness, permission for ongoing use or perpetual marketing rights, your employer may have broader rights than you expect. If you didn’t, you may have more control than you think.
The Leverage Opportunity
For employees who have functioned as influencers or brand ambassadors, this is not just a legal issue—it’s a business one. Your likeness has value. And when your employer continues to benefit from it after your departure, that raises important questions:
- Should you be compensated?
- Should your use be limited?
- Should you have approval rights?
These are all negotiable—but only if you understand your position. Leaving a job doesn’t automatically erase your presence from the brand you helped build. But it also doesn’t mean your employer can continue using your identity without limits.
Because while they may own the content…They don’t own you—unless you agreed to it in writing.
If you need assistance with intellectual property issues, reach out to Tracy at [email protected]. Tracy Jong is a Senior Attorney at Evans Fox LLP with 30 years of experience focusing her practice in business law, intellectual property and licensing for alcohol and cannabis. Tracy Jong is a member of the New York Bar and is a registered attorney at the United States Patent and Trademark Office. She can be reached at [email protected].
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The content has been prepared for informational purposes only; it should not be construed as legal advice, does not create or constitute an attorney-client relationship, and readers should not act upon it without seeking professional counsel.