Advice please regarding privacy rights

[thewisestfish]

Hi,

Does anyone have any knowledge about the right a person has over their own image. Like if you had your picture taken without your knowlegde, and then later find that your image is being used without your knowledge or permission to promote something?

[stewbie]

I think it depends on the circumstances.

For a normal pic, you have to sign a model release form. For a candid snap you dont.

I think (and this is just think) that if you contact whomever is using your image and ask them to desist, they should do so.

[B]

this is not correct... you can not publicise an image of another person without he or she giving permission..

My friend walked through dover one day to find that Kent Police of all organisations had a crime prevention poster about pocket thieves, and it was a picture of a crowd, with my friend clearly in the middle.. they had to withdraw them all and she got £5000

B

[thewisestfish]

Hi,

Well I'd be interested in any advice. The situation I'm in is really irritating. Last year I went to a gay disco (YLAF) and had my photo taken without my permission, then we go on this year to get tickets and there's my photo being used to promote the event. I'm really not happy about it at all - and then the more I thought about it the crosser I got. What if I wasn't out to my friends and family, what if I was a teacher or something like that? So I e-mailed them (initially I was just a little put out that I had not been asked my permission - I would have thought it would have been an idea for the photographer to have asked me at the time, and also asked me if they could use my image, and I suppose I hadn't really thought about it properly) and said, hey hang on a minute, surely there should be a free drink in this for me?? And the answer I got back was red rag to a bull I'm afraid. Someone mailed me back with this reply.


> If that's a pic from last year, your prize might
> JUST be to see yourself on one of the tv screens in
> the Race course - watch out!!
> J

So I am furious now - as it appears they have used my image which will appear on bloody tv screens at the venue!! I sent back this response yesterday afternoon, but as yet have had no respose.


Hi,

Not being funny, but surely you should have got some
kind of permission. I don't necessarily want my image
to be used to promote anything - as far as you guys
know I could not be out to my family, friends etc, and
might not want my image to be used publicly to promote
a gay event. As it happens, I am out to all my friends
and family, but I do think that it's somewhat cheeky
to discover that YLAF is using my image without my
having given any kind of permission. I did a film course last year, and I had to ensure I got written permission for
any image I used. If we filmed in a public place we made
sure that we got written permission from anyone caught
in shot. I think you'll find that this is a legal
requirement. I have no recollection of having my
photograph taken, and certainly was not asked if my
image could be used. I look forward to your response.
To be honest, I'm pretty irritated. If I had been
asked, I would have said yes, of course you can. But
not being asked, and then finding out that my image
has been used is in my opinion, is taking a rather
substantial liberty.

No answer as yet. I want to complain to someone about it - and I want them to remove, and make no further use of my image, but I don't quite know what to do.

this is not correct... you can not publicise an image of another person without he or she giving permission..

My friend walked through dover one day to find that Kent Police of all organisations had a crime prevention poster about pocket thieves, and it was a picture of a crowd, with my friend clearly in the middle.. they had to withdraw them all and she got £5000

B

[steelemonkey]

I think that, as they have used it for advertising purposes, it is a whole new ball game. I am not a lawyer, so I suggest you visit your local Citazens Advice and see what they say.

[B]

You need to contact the citizen advice bureau or a solicitor asap... you might find this helpful too

Your Rights: The Liberty Guide to Human Rights

B

[louigi]

That image is illigal secondly you must contact the advertising standards agency who should take immidiate action on your behalf, thirdly you can take a photograph of yourself and write a c in a circle on it place in a sealed envelope which is stamped across the seal by a bank or post office you have to pay for the franking this is the pictoral copy right to your image. and in the forth instance you can register the copyright to your image with the copyrights agency.
Ok but take action now dont forget that you are due compensation for the use of your image with out consent. It's up to you and your solicitor what you do about the format etc. it was used in. Hope that helps.

[thewisestfish]

I've mailed them again noting their lack of repsonse to my complaint and asking them to remove my image and not to use it tonight. I'll speak to someone at CAB on Monday. Thanks guys - I'm suprised how cross I am, but the more I think about the more I can't believe what a liberty it is, never mind being a total breach of my privacy!

[Buoyant Babe]

I've mailed them again noting their lack of repsonse to my complaint and asking them to remove my image and not to use it tonight. I'll speak to someone at CAB on Monday. Thanks guys - I'm suprised how cross I am, but the more I think about the more I can't believe what a liberty it is, never mind being a total breach of my privacy!

I'm not surprised you're cross! How awful, especially as you point out it could be very sensitive. I hope you get a satisfactory conclusion, please let us know how you get on.

[Steve Summers]

I've mailed them again noting their lack of repsonse to my complaint and asking them to remove my image and not to use it tonight. I'll speak to someone at CAB on Monday. Thanks guys - I'm suprised how cross I am, but the more I think about the more I can't believe what a liberty it is, never mind being a total breach of my privacy!

AFAIA they have to have your permission, hence the fuzzy faces on some shows/pics, but TBH I would prepare yourself for your image to be there tonight, as I'm sure they either, don't have a plan B, or they are edging their bets that you will not follow up on your complaint.

Good luck and if your image is on show, get some proof so they can't weasel out of it.

Safe diving,
Steve