Copyright issues/Use of image to endorse a product

Petekd

Heres a strange one for you all, I'm wondering if anyone can offer any advice. Apologies to the mods etc if this is in the wrong place, feel free to move it.

I was rather surprised today to open one of the special offer brochures from one of the discounters and find a picture of myself staring merrily out from the middle of the fishing tackle section apparently endorsing their sun glasses with a speech bubble placed in the proximity. Now, the picture had been doctored, the cap, sunglasses and torso were different but there is absolutely no doubt in my mind, this is a picture of me that had been photoshopped. The quote had been lifted off a UK based fishing forum from 2006 from a thread that had absolutely no relevance to the discounters products on offer at all which was poor enough too.

Now, heres where it gets annoying, in my chosen angling field, I have quite a high profile. I write for the biggest selling Angling mag in this country on a monthly basis, I have a gold and a bronze All Ireland Medal and I have captained one of the Irish International teams also. To have my image used in this manner to endorse products I have never seen, used or contemplated buying is in my opinion way beyond the pale. The image has been doctored and in place of my usual cap and sunnies, their products replaced with a photoshop effort. I get paid for my work with the magazine and I have reviewed and endorsed products in the past but only it must be said, products I have used and like. To have my image stuck in the middle of their brochure in this manner is surely wrong. I have no idea where they lifted the picture from, it could have come from a scanned in shot from the mag, possibly ripped off of FB or Flickr, I have so many photos, I havent had a chance to identify which particular one it is they have used yet.

I will be contacting the company directly tomorrow but in the meantime if anyone has had a similar experience or can offer any advice, it would be greatly appreciated.

I am not naming the company and I would appreciate it if noone else does as firstly it is yet to be proven that it is indeed me in the picture but to be fair, I've been looking at myself for 34 years and I know a pic of myself when I see it! Its blindingly obvious to anyone who knows me also who has seen it. Secondly I suppose, in the case of a genuine error on behalf of whoever it is that puts this brochure together, they should have the opportunity to at least respond first.

alfalad

Firstly I don't have near the knowledge of other in this matter, but this seems very strange indeed. There are a number of threads on copyright and stole images, but that generally relates to actual complete photos being used without permission by newspapers/blogs or even government reports.

Certainly there is a case to answer here. But quick question, you say it was a discounter brouchure, are they the same company that produce the products that you are pictured with? You'll prob need to establish was it the discount company that created the photo or the company who make the products. I guess the discounter will tell you either way. Pretty bad form regardless and I would certainly be chasing them to get it rectified. If asked would you have agreed to advertise those products or are they poor quality ones that you don't rate? If so it could damage your reputation in the eyes of other companies who you would be happy to endorse. Also when you find the guilty party you can certainly send them a nice bill.

CabanSail

I am not a Lawyer and we do not have any that post in this forum. I would urge you to contact a Lawyer that specialises in the area of Copyright Law before you make any contact with anyone else involved.

If you are a person prominent in your sport, then there is a possibility that someone else has a photograph of you in their collection. If so they would own the copyright of the image in question. It may not have been lifted from another source, though it still may have been.

The fact that someone has an image of you in which they own the copyright does not mean that they can use that image in a commercial manner. In order to do so they will have required you to have signed a Model Release which covers the way this image is to be used. Assuming they do not have that, then it would seem your rights have been violated.

Good luck

BengaLover

Its kind of a hard one isnt it, because once you put out a picture on the net, it can become anyones, regardless of whether its watermarked or not, or you have said not to be used..For example anyone can lift pics off facebook or indeed off here.
For an artist it must be gutting to see your image being bandied about and no credit given to you.
Heres a pretty good article for anyone with a website, on how to protect your images in ways other than watermarking:
http://www.naturefocused.com/articles/image-protection.html

EyeBlinks

BengaLover wrote: »

Its kind of a hard one isnt it, because once you put out a picture on the net, it can become anyones, regardless of whether its watermarked or not, or you have said not to be used..For example anyone can lift pics off facebook or indeed off here.

That is 100% inaccurate.

BengaLover

Why so? I could copy any amount of images that arent my own and claim them as my own. Watermarks mean nothing, they can be cropped out.

I bet a lot of people, even companies do it, and get away with it.
My post didnt say that images on the net become anyones, it said that they can become anyones.

PopeBuckfastXVI

This is no different form someone banging a pic of David Beckham on an ad for their football boots. It's not a copyright issue, but is against the law.

From wikipedia:

In a publicity rights case the issue to decide is whether a significant section of the public would be misled into believing (incorrectly) that a commercial arrangement had been concluded between a plaintiff and a defendant under which the plaintiff agreed to the advertising involving the image or reputation of a famous person. The actionable misrepresentation requires a suggestion that the plaintiff has endorsed or licensed the defendant's products, or somehow can exercise control over those products. This is done by way of the tort of passing off.

http://en.wikipedia.org/wiki/Personality_rights#Civil_law_and_common_law_jurisdictions

I know Ireland is a Common Law jurisdiction, but I'm not a lawyer so I don't know the specifics.

BengaLover

Being against the law doesnt stop people doing it tho, kind of like those people who download pirate films and games - if its do-able, they will do it.
Big companies are willing to chase the law breakers up to make them pay for the crime, but what about the person who has one image stolen - they most likely wont have the means to deal with the problem and the theives get away with it.

Corkbah

Bengalover ....seriously !!!!!

ever watch a DVD or see a movie in the cinema ... COPYRIGHT THEFT IS STILL THEFT !! doesn't matter if everyone else and their mother are doing it ... would you jump off a bridge because hundreds/thousands of other people were doing it ?

PCPhoto

the OPs situation is not really a copyright issue though, its an image rights issue, if he is a prominant member of a club/society/sport and has not endorsed the product he has a legal action to take against the producers of the material as it would make the leaflet/flyer a subject of false advertising and liable for untold damages in a Civil or High Court.

OP the fact this is a UK publication might mean that you might have to seek legal damages in both jurisdictions - contact a solicitor and explain to them.

you may have to show/tell them (solicitor) if you were subject to taunts from fellow anglers, jokes...or have suffered public embarrassment as a result of the advert.

BengaLover

Corkbah wrote: »

Bengalover ....seriously !!!!!

ever watch a DVD or see a movie in the cinema ... COPYRIGHT THEFT IS STILL THEFT !!

Where in my posts do I state that its not, or that its acceptable?

tricky D

PCPhoto wrote: »

the OPs situation is not really a copyright issue though, its an image rights issue, if he is a prominant member of a club/society/sport and has not endorsed the product he has a legal action to take against the producers of the material as it would make the leaflet/flyer a subject of false advertising and liable for untold damages in a Civil or High Court.

OP the fact this is a UK publication might mean that you might have to seek legal damages in both jurisdictions - contact a solicitor and explain to them.

you may have to show/tell them (solicitor) if you were subject to taunts from fellow anglers, jokes...or have suffered public embarrassment as a result of the advert.

This. Copyright is more an issue for whoever took the photo, but your image has value which you have rights to gain from.

BlastedGlute

Jayzus the copyright cases are stacking up on boards this week!

Heebie

This one really isn't a copyright issue. The OP didn't say he took the photo.. so he probably doesn't own the copyright.
However, without a model release, an endorsement contract, or a fee of some sort for using his image, the company using the ad is definitely in the wrong. It's an issue of the OP having an image/public persona with some value to it, and having the right to a cut of any financial gain realised by use of his image.
It's closer to trademark infringement rather than copyright infringement.

Borderfox

Any word on how the op got on dealing directly with the company?

mloc

I'm not a lawyer but just a few points:

Firstly, the term "copyright theft" isn't really accurate in general, copyright infringement is a more accurate term.

Secondly, this isn't, necessarily, a copyright issue. The photograph copyright belongs, usually, to the photographer so unless you took the photo (of yourself...) you don't have a claim to the image itself.

Having said that, using your image or a representation thereof in a commercial context, without your consent, to promote a product or service is an legal infringement and I would imagine you would have a civil case there. Contact a good media lawyer and if you can confirm that the image is of you, sue them into bankruptcy.