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Photo used without permission

 
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Mjaf
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Joined: 18 Jul 2011
Posts: 2

PostPosted: Mon Jul 18, 2011 2:28 pm    Post subject: Photo used without permission Reply with quote

Recently I saw my family photo on display in a showroom of a reputable nationwide building company in uk. I believe photo was taken in a park by someone. I did not take the photograph. I was totally unaware till I saw it. Obviously the company is using it as an advert but without my permission

1 what are my rights?
2 can I ask for compensation?

Thanks
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AndyJ
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Joined: 29 Jan 2010
Posts: 1630

PostPosted: Mon Jul 18, 2011 3:45 pm    Post subject: Reply with quote

Hi Mjaf,
Technically speaking, in the UK, taking a photograph of someone in a public place does not require their permission. However advertising agencies etc normally wish to guard against claims for defamation etc and so insist that where someone is clearly identifiable in a picture they wish to use, they obtain a 'release' (often called a model release) from the person concerned.
Generally speaking this is covered by the Advertising Standards Authority's Code of Conduct Rule 6.1. (which you can see here).
You should contact the company concerned. If you object to the use of your image in connection with the product being advertised because it is derogatory, you may have grounds for suing for defamation (although it is very expensive to bring a case, you can't get legal aid and you are by no means certain of winning, so this is not something to contemplate lightly). Tell the company what you are seeking: to have the advertisements withdrawn or for some compensation in lieu of permission. If you fail to get anywhere with the company, you can go to the ASA
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Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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Mjaf
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PostPosted: Thu Jul 21, 2011 10:44 am    Post subject: Reply with quote

Thanks for your reply

I plan to ring the concerned company and ask for compensation in lieu of permission ..... Is the compensation in 10s or100s or1000s pounds?... Will be interesting to know before contacting them?
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AndyJ
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PostPosted: Tue Jul 26, 2011 10:00 pm    Post subject: Reply with quote

Sorry that's a little outside my area of knowledge. You could try here: http://www.londonfreelance.org/feesguide/index.php?section=Photography
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