Whether an Employer could use the Promotional Video involving Ex-employee’s Portrait?
Chen was the executive chef of Company H, and the model of H’s promotional photos, posters and videos, in which he wore a chef’s uniform, holding a plate of Hainanese chicken or a bowl of Hainanese chicken rice. After resigned, he found those promotional materials were still presenting on internet, so he filed a lawsuit against H with the claim that H had infringed his portrait rights. H defended that Chen was aware that it would use those promotional materials, and he had not raised any objections, so it did not constitute an infringement of portrait rights. Chen argued that…