photo of us used to advertise hol cottages

RadoJo

ringo_24601 wrote: »

I believe that in the UK, you don't need someones permission to take their photo and use it for commercial purposes, unless they specifically say you can't.

I have to say, this is my understanding as well. As long as the photo is taken in a public place and isn't damaging to you the rights to the photo are owned by the photographer. The Data Protection Act only applies if the person's image is linked with their personal data, so I am not sure it would apply here as you would really only be recognisable to people you know, and even then, they wouldn't learn any more about you from the picture.
This is my understanding of the law, but there may be someone qualified who can confirm or otherwise.
What is it you specifically object to? I can't imagine that this image will be widely circulated, so everyone who is going to recognise you probably already has haven't they? I can understand how you feel to an extent, but I'm not sure there's much you can do.

tamarto

hollydays wrote: »

devonpaul wrote: »

no they didnt didnt even know been taken

They?

I took it to mean

No they didn't, (ask permission) i/we didn't even know it had been taken.

hollydays

aah..i see..

dipsy

I wouldn't be happy if it was me....

scottishlass

Looking at the brochure they're advertising a competition for pictures for next years brochure after this years success.

EDIT: By the looks of it yours was not a competition entry as

IMAGE USE
The image submitted by the winning entry and runners up will be featured in the Isles of Scilly Inclusive Holidays 2009 brochure and in promotional press release material and entrants agree to this use by entering the competition. No additional payment other than the advertised prizes is payable. Published images will be credited with the entrants name.

In a similar case with a well know National Newspaper a friend sent them an invoice for a photo they had used without permission which was then settled. Here I guess you need to email the photographer who took the picture....Mark Gillet

missyg_3

The photographer should have got what's known as a "model release" from you for this image to be used for commercial purposes (which this clearly is). If the picture was being used for editorial purposes then a model release isn't required, although there are still some guidelines (for example defamation, you couldn't take a random picture of a person and imply they are a drug addict).

helloecho

I think personally I'd politely contact them, say the photo was taken and used without your knowledge and it has caused you embarassment, and suggest that some kind of discount on your next holiday would be welcomed (considering, afterall, that you are helping them promote their holidays!)

Incidentally, when I was about 8 I wrote a poem about how much I loved my holiday and left it in the cottage... they printed it in the brochure and sent me £50 book vouchers and a lovely letter inviting my family back for a discount. Needless to say, I was happy to go back.

advent1122

How embarrassing, I mean, that could be your bit on the side with you.
I am an amatuer photographer and I wouldnt consider using someones picture without consent in a commercial publication.

I do take loads of pictures of people whilst doing street photography without asking permission (perfectly legal) but that is for my own use......

perv alert I hear you cry.

Markyt

Ryanair have just been fines 45k for using a photo without the subjects knowledge :

http://news.bbc.co.uk/1/hi/world/europe/7228457.stm

;-)

hollydays

But she is/was a model.