I'm being used without my permission!!!!!!

genie_2

I work for a company, they used my image, which was taken as a still from a corporate video, for advertising without my permission. I didn't sign a release form for the video or the pictures. It doesn't say anythingin my contract about images being used for corporate purposes. I would just like to know where I stand on this matter as currently my image (albeit a very crappy one) is being used on a very large billboard outside my workplace. It is also on some corporate info sheets which are sent out to prospective and current customers, as well as on smaller signage within the office. I'm not necessarily looking to gain financially, though in this climate it would be nice!

I'm in the process of leaving my current position (though they don't know that!)and I hate the thought of that image looking at people when I no longer represent the company.

I have asked the MD about it previously and he just laughed off my question :mad:

Like Isaid I'm not necessarily looking to gain fianancially, just wanting to know where I stand?

I have photographs of the advertising material, so that I have evidence that my image is being used, it's not a case of he said she said.

I live and work in NI so thats why I'm asking here.

I really don't want to volunteer any further information as it could identify me or who I work for.

I would like to thank in advance any replies or advice I might receive,

genie

Indigo's_Mum

This is the topic of great debate in my job. However, by law, the person who took the picture (and I imagine the same applies to video) owns the copywrite to the picture.

Drop into a few videography forums and ask the question.

genie_2

butr surely without my permission for the video, my image is copyrighted to me?

Can you recommend any forums to ask in?

thanx

montyrebel

tell them to put a fake mpusatche on the image with photoshop and then no one will ever know it is you, problem solved

Zazen999

No, you should have signed a model release for them to use it.

Once you have left, sue them.

blue_monkey_2

I used to work for a model agency. So, photographer hires the model - she/he may or may not get paid. The photographer can then use this picture however he or she wishes as they own the copywrite to that picture. At the time of the pictures being taken you can tell them you can tell them you want £x for 'usage' of the pictures for, say 1 year, if they use the image after this then you can demand the same fee the following year. However, this is rare unless it is a HUGE media advertising campaign in all honesty, I rarely invoiced photogrpahers for usage. The models rarely saw these pictures again unless they appearing in magazines or they bought them from the photographer.

Hence young gullible girls having their pictures taken by 'photographers' and their pictures being used on dodgy websites in the future.

I sell items on the internet and my supplier has (possibly) paid a model money to model the underwear, I am then able to use those images to sell those goods to my customers however I do not pay the model, nor do I ask their permission as the image does not belong to them, it belongs to the company who the model did the stills for. The model might not want to appear on my website but there is nothing that they can do about it.

Kind of assuming that you initially knew you were appearing in the corporate video then there is nothing you can do other than after you have left your employment take legal action to have your image removed from the advertising as you no longer represent the company - which, I am afraid, will end up costing you in legal fees. I am afraid suing will get you nowhere unless you expressed a wish not to appear in the video, the video and the images in it belong to your employer, who may or may not have paid to have the corporate video made so they can use it as they wish.

As another example, my kids have their pictures taken at school each year, we have to pay the photographer for any photos we want and even when we have bought them we are not 'allowed' to scan and copy them and give them away we have to buy more pictures for other people because the copywrite for them belongs to the photographer and not us or our kids.

Zazen999

blue_monkey wrote: »

I used to work for a model agency. So, photographer hires the model - she/he may or may not get paid. The photographer can then use this picture however he or she wishes as they own the copywrite to that picture. At the time of the pictures being taken you can tell them you can tell them you want £x for 'usage' of the pictures for, say 1 year, if they use the image after this then you can demand the same fee the following year. However, this is rare unless it is a HUGE media advertising campaign in all honesty, I rarely invoiced photogrpahers for usage.

Hence young gullible girls having their pictures taken by 'photographers' and their pictures being used on dodgy websites in the future.

I sell items on the internet and my supplier has (possibly) paid a model money to model the underwear, I am then able to use those images to sell those goods to my customers however I do not pay the model, nor do I ask their permission as the image does not belong to them, it belongs to the company who the model did the stills for.

Kind of assuming that you initially knew you were appearing in the corporate video then there is nothing you can do other than after you have left your employment take legal action to have your image removed from the advertising as you no longer represent the company - which, I am afraid, will end up costing you in legal fees. I am afraid suing will get you nowhere unless you expressed a wish not to appear in the video, the video and the images in it belong to your employer, who may or may not have paid to have the corporate video made.

You don't mention model release forms in amongst this....the photographer should only be able to use them if they have the release form signed by the model.

Torby

you may find that model release forms are not required, if the subjects knew they were being captured on video, even by a simple statement...."we're shooting a video here, if you don't want to be in it....leave the area now", or similar...you may not have a leg to stand on.

If as another post has said you were aware you were being filmed and didn't object, again, you might not have much comeback, it's not as though the footage was obtained covertly.

Bearing in mind the MD laughed when you asked...you could find its a case of he says you agreed...you say you didn't....who has the biggest ****s, who can afford the court fees and is it worth the hassle....I also think when you say its not about the money...it probably is....

purt

Strikes me that there may be issues around the Data Protection Act but I'm no expert. I guess it depends whether or not you consented to having your photograph taken in the first place and, more importantly, being used for any promotional purposes.

dianeio

As you did not say at the point of filming you have agreed - unless you are under the age of 16, or it was done without you knowing. Model release forms only really apply if you are a professional model, entertainer etc.

Remember you can be filmed or photographed in a public right of way, and the photographer/cameraman does not need permission from you - next minute your eating your dinner and your on UTV news.

Photographers are free to use their stills/videos of people taken in public places as they wish - including for commercial gain.

Now if you work for the police, armed forces etc a new law did come into play in February this year, the Counter-Terrorism Act - which means anyone taking a picture of one of those people could face a fine or a prison sentence of up to 10 years, if a link to terrorism is proved.

blue_monkey_2

None of our models (and we were a huge International Agency) signed Model Release Forms as it was pretty much obvious what job they were there for, they get told before the job commences what the job is.