Can I stop a club using pictures of my car in their publication without my permission

2

Comments

  • elsien
    elsien Posts: 32,716 Forumite
    Name Dropper Photogenic First Anniversary First Post
    It's no different to a newspaper reporter taking pictures in the street of people, cars, houses, pets, whatever, and them ending up in the paper. Permission isn't needed for that, so I can't see your case is any different if it was at an event.

    Have you had a falling out with them? If your car isn't identifiable, can't really see why you're so bothered otherwise.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Car_54
    Car_54 Posts: 8,212 Forumite
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    circushead wrote: »
    I haven't asked if They will stop uaojg them. They were taken at an event. I just done understand why they can print these in a magazine and I have no say in how they are used. It's my car, all my hard work and someone else uses the pictures without my knowledge or consent. It didn't seem right.

    You can come and take photos of my car (or me, or my family) any time - in a public area, like the street - and publish them, and there's nothing I can do about it. Unless you try to libel or misrepresent us.

    Things are slightly different on private premises, like a club event, but that's for the protection of the organisers, not you.

    I repeat, ask them nicely. They will probably agree just for a quiet life.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Name Dropper Photogenic First Anniversary First Post
    If this is in England and on public land, or could be snapped from public land, or if there is nothing preventing the photographer from taking photos at that location, then there is nothing you can do about it. Some venues might, say, ban cameras and only allow their "official photographer" to take snaps, but that's very rare.

    A photographer takes a photo and owns the copyright of the photo. There are some restrictions on that, that might be enforced by specific owners of the design IP, but, 99.99% of the time if a photographer takes a photo of your car and hasn't had to crawl up your driveway to get it, the image rights and copyright belong to him entirely.

    As the owner of the image, he will then sell a license to a magazine/newspaper/anybody to use it in a particular size and for a particular number of issues.

    Nothing you can do. This is all normal "bread and butter" stock photography that photographers do. They go to places, take photos, sell the photos.

    The photograph cannot be used to deliberately mislead readers, e.g. if the slogan says "XYZ Car Club Meet Up Draws in the Crowds" and your car's there and you're not a member, that's not misleading. If the slogan said, say, "XYZ car driver caught smuggling drugs" and it had your number plate on it, then you'd have a case.

    In short: All legal, all normal... nothing you can do about it. He could even have photographed you driving it and, again, nothing you can do about it.
  • JustAnotherSaver
    JustAnotherSaver Posts: 6,709 Forumite
    First Anniversary Name Dropper First Post I've been Money Tipped!
    Well if nothing else this thread educated me today :)

    The OP made me hop on google and check the difference...
    Permission is handed down from an established authority to one who does not have the same position of authority. Consent is an agreement between two parties of equal authority. Either one has a right to say no and the action only happens if BOTH of them agree."

    Worthwhile for me after all. :)
  • stator
    stator Posts: 7,441 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    As long as they are not using them to mislead people, you have no grounds for complaint I am afraid.
    Changing the world, one sarcastic comment at a time.
  • Gloomendoom
    Gloomendoom Posts: 16,550 Forumite
    First Post First Anniversary Combo Breaker
    I used to edit a club magazine that often included pictures of members' vehicles in public places and on public highways taken by me or other members. I never asked permission and I didn't hide the number plates either.
  • Herzlos
    Herzlos Posts: 14,686 Forumite
    First Anniversary Name Dropper First Post
    circushead wrote: »
    They were taken at an event.

    Was your car in the event, or in a car park nearby?
    Were you a member at the time of the event?

    The event probably had a waiver about photos being taken and used, which is what happened and if you'd entered the car as a member you've got nowhere to go from there.

    It wouldn't hurt to ask (which would have been the first thing to do) but you've got no way to force them to stop using them.
  • Svein_Forkbeard
    Svein_Forkbeard Posts: 655 Forumite
    I presume you are no longer a member of the club due to some sort of fallout?
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    circushead wrote: »
    Someone who writes articles for the club magazine took the pictures. I didn't know they were taken. I wasn't asked for permission if pictures could be taken or for pictures to be used in any way.

    If they were taken in a public place no permission is needed either to take the photos or use them as they wish.
  • LadyDee
    LadyDee Posts: 4,293 Forumite
    First Anniversary Name Dropper First Post
    The things some people get themselves in a tizz about!
This discussion has been closed.
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