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Right of publicity in Ireland

  • 19-09-2011 11:31am
    #1
    Closed Accounts Posts: 4


    Hello there,

    I know nothing about the right of publicity in Ireland, and I have a question about it : I'm working for a big company which has a directory of all employees. In this directory, each employee can make appear his/her picture in this directory.

    My manager is putting pressure on us so that we publish our pictures on this directory, which I don't like/want.

    I guess that if they felt so clean about it, they would do it directly, so I think they just don't have the right to keep the picture/ force me to publish it. Do you have any legal reference which could help me ?

    Thanks in advance. :)


Comments

  • Closed Accounts Posts: 7,221 ✭✭✭BrianD


    Is the directly available to the general public or is it an internal document?


  • Closed Accounts Posts: 4 Epsylon


    No, that's internal only.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Epsylon wrote: »
    No, that's internal only.

    So it hardly counts as 'publicity' then, does it?
    Epsylon wrote: »
    I guess that if they felt so clean about it, they would do it directly, so I think they just don't have the right to keep the picture/ force me to publish it.

    You mean they would hire a professional photographer? Perhaps but nowadays most people have some kind of a gadget with a camera so they probably reckon they can do it on the cheap if they're only looking for a digital passport photo for an internal phone directory.


  • Closed Accounts Posts: 4 Epsylon


    Well if several dozen thousands people is not public I don't know what it is. Anyway, even if it's not public in its nature, can an employer force me to do that ?

    What I meant was about the fact that they don't publish the picture themselves, but ask me to do it, to pretend it's voluntary.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    If the organisation is that big then I suspect that you have identity badges with your photograph on them? In that case the employer could simply take that photo and slap it up on the employee directory and there isn't much you can do about it.

    Most employees prefer to be allowed to take their own photo for the internal directory as the ID badge photo usually looks a mugshot taken in a police station!

    For that reason, companies typically allow the employee to take a bit of latitude and use a fairly informal snap as long as the face is a reasonably large part of the photo and the subject is facing the camera.

    So if I was you I'd find some recent family snaps that someone has on a PC and use something like Google Picasa to cut out a portrait of your head, otherwise the photo on your ID badge will shortly make it's way into the internal directory.


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  • Closed Accounts Posts: 4 Epsylon


    Yes, we do have badges with our ID pic on it, and I have no problem about that. It's the same picture that is used on the internal directory ( and we don't have the choice to use another one).

    My problem here is not about if I look cute on it or not, it's just that for privacy reasons, I don't want it to be published (I don't even know if it will be destroyed when I leave the company, what they can do with it etc ...). They have my name, position etc .. and that's more than enough. I just thought logical that the law would protect my right not to accept it ...


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Epsylon wrote: »
    Yes, we do have badges with our ID pic on it, and I have no problem about that. It's the same picture that is used on the internal directory ( and we don't have the choice to use another one).

    My problem here is not about if I look cute on it or not, it's just that for privacy reasons, I don't want it to be published (I don't even know if it will be destroyed when I leave the company, what they can do with it etc ...). They have my name, position etc .. and that's more than enough. I just thought logical that the law would protect my right not to accept it ...

    I don't think the law would use the term 'published' to describe your employer using a photograph of you in an internal directory.

    You say that the photo on your ID badge 'is used on the internal directory' so what is this thread about? Do they want to publish a new version of the directory or is the current directory on paper and they want to make it available online?


  • Registered Users, Registered Users 2 Posts: 480 ✭✭not even wrong


    Epsylon wrote: »
    My problem here is not about if I look cute on it or not, it's just that for privacy reasons, I don't want it to be published (I don't even know if it will be destroyed when I leave the company, what they can do with it etc ...). They have my name, position etc .. and that's more than enough...
    Sounds like there is a serious breakdown of trust between you and your employer, if the situation is as bad as you describe I would be looking for a new job. Can you share the details of how the situation developed to this point where you can't even trust them with your photograph?


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Sounds like there is a serious breakdown of trust between you and your employer, if the situation is as bad as you describe I would be looking for a new job.

    I think we're talking civil service or semi-state here...
    Epsylon wrote: »
    Well if several dozen thousands people is not public I don't know what it is.

    so I doubt if 'moving on' is on the agenda.

    This is the type of issue that occupies the mind when you don't have to worry about job security.


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