My face in company's online gallery - right or wrong?

sarkozy

In a work context, I recently attended a conference (the company I work for is part of a bigger membership body) and a professional photographer was shooting the event.

No announcement was made that people's photos would be published online (Flickr and Facebook galleries) and permission was not sought. Also, captions were not provided, naming the people in the photos. Admittedly, these photos are not for commercial gain.

I would rather not have my photo published in these galleries, but I'm wondering what the legal situation is around this. Do I have rights? I remember hearing something about photojournalism and 'fair use'.

VisionaryP

Why are you uncomfortable about your photo being used? Unless it was the International Lap Dancing Enthusiasts conference, of course, then I might see the problem.

Tallon

VisionaryP wrote: »

Why are you uncomfortable about your photo being used? Unless it was the International Lap Dancing Enthusiasts conference, of course, then I might see the problem.

I don't see why that is relevant... If he's not comfortable, then he's not comfortable...

It's no one else business!

sarkozy

That's a matter for myself. Let's say, this company has its own internal policies around this. But I'm asking about the legal situation. Does anyone know?

ScumLord

I'd say if you asked for your photo to be removed or your identity concealed they may be obliged to carry out your request.

AnCatDubh

In terms of rights, Yes under data protection legislation you will have rights. Your photograph is considered your personal data and thus protected under data protection laws. I have no idea how this squares up with the whole public place thing and any exemptions that media may have for fiar use but in your case, your photograph would appear to have not been taken in a public place anyhow.

One angle which may be of interest to you;

Taken from data protection commissioners FAQ

4.11 Can my employer post my photograph on the internet / intranet without my consent?

Not unless s/he has very convincing reasons for doing so. A photograph of a person is their personal data and therefore any use of that photograph must be in accordance with the Data Protection Acts. This normally means that the person must give their consent to such use.

Perhaps, request the image(s) be removed. If they ignore you, then move along to the data protection commissioner who if they view the matter in your favour may approach the company / organisation (there is a case study somewhat related regarding photographs of an individual at an event - the Women's Mini Marathon, where it appears on foot of the request being made by the data protection commissioners, that the offending images were removed - this, albeit the case is very different in that the organisation passed on data (presumably a database of participants) to the photographers of the day enabling them to make contact after the event. Nevertheless, the images were removed on foot of the contact.

As a general observation, I've seen quite a few events where they have begun to put signs up to say that photographs are being taken of the event and requesting participants to discuss with members of their staff if you do not consent to your image being used after the event for defined purposes. I reckoned it was a data protection thing. I'm not too sure as to how legitimate an effort it is in practice though. It would make an interesting case study.

sebphoto

sarkozy wrote: »

In a work context, I recently attended a conference (the company I work for is part of a bigger membership body) and a professional photographer was shooting the event.

No announcement was made that people's photos would be published online (Flickr and Facebook galleries) and permission was not sought. Also, captions were not provided, naming the people in the photos. Admittedly, these photos are not for commercial gain.

I would rather not have my photo published in these galleries, but I'm wondering what the legal situation is around this. Do I have rights? I remember hearing something about photojournalism and 'fair use'.

I think first thing what you shuold do is check with your company what's their thoughts about it. I really think that they must have signed the contract with photographer and everything regarding model release is in the contract. Besides I'm sure if you ask for your photo to be removed, it'll be removed.

SerialComplaint

sebphoto wrote: »

I think first thing what you shuold do is check with your company what's their thoughts about it. I really think that they must have signed the contract with photographer and everything regarding model release is in the contract.

His company didn't hire the photographer, afaik. He attended an event run by another company. The other company hired the photographer.

sebphoto

SerialComplaint wrote: »

His company didn't hire the photographer, afaik. He attended an event run by another company. The other company hired the photographer.

Fair enough. They are liable to deal with such matters. Don't get me wrong, but this case might be very easy, I think sarkozy should contact with the company and they will help him (at least they should) in resolving his concerns.

As far as I'm aware, from a legal standpoint, you were in a public place (presuming anyone could enter), the photographer's photographs show things that anyone else could've seen if they went, and therefore you've no legal right to ask for it to be taken down.

You seen the photographer, so you were obviously aware that your photograph was being taken and you could have approached the photographer at the event and asked him not to photograph you (though he could still shoot you if he liked, anyway).

Photos are not being sold and are being used in an editorial fashion meaning they're completely legal and if you were to go the legal route, the photographer/company would be under no obligation to remove the photograph/s.

That's my understanding of it anyway.


In reality, if you ask politely I'm sure that they'll take them down for you without too much of a fight.

Borderfox

I used to shoot a horse sales event with lots of candid pictures of people who attend the sales, the company running the sales had it written into their terms and conditions that photographs would be taken (or something to that effect) if somebody asked me very nicely to take their picture down I would.

magicbastarder

KKV - the fact that the photographs are being used in a commercial/business context, which would potentially leave it in a grey area as to whether it does actually constitute editorial use.
attending a conference does not mean you consent to your image being used to 'advertise' (word used advisedly) the conference, even if it is after the fact.

They're not being used commercially, though. They're not an advertisement for the event or an upcoming one, they're just on a website, documenting how an event unfolded, what the turnout was like, who attended, etc.

That's very editorial to me. No different than a local newspaper printing them, really.


I could be completely wrong of course, but from what I've read of the situation thus far, it'd seem like editorial use to me.

sheesh

Don't we see people at conferences all the time on tv?

I would go with asking them to remove you from images.
your employer might not like the fact that one of their representatives is no where to be seen at the event though.

magicbastarder

sheesh wrote: »

Don't we see people at conferences all the time on tv?

in a different context, though - i assume you mean in a news based context? that is editorial; but a company using your image to promote their event is essentially using it in an advertising context.

Borderfox

I still see it as editorial, these are some of the delegates that attended the conference. Its news for the company imo

Zillah

It really depends on the context of the photos as to whether it counts as editorial, and unless the OP is going to link us we can only conjecture. That said, if the Facebook profile is run by the event or the body behind the event I can imagine the photo is surrounded by promotional content like posters, logos, marketing blurbs, scheduling announcements, press releases etc - the profile is effectively one big, ongoing advertisement. In that sort of context I think claiming "editorial" would be a bit of a stretch.

As a secondary concern, if the photos are used in a sense that could be construed to show support or endorsement on the part of the people in the image I think there could be all sorts of other legal issues.

sheesh

magicbastarder wrote: »

in a different context, though - i assume you mean in a news based context? that is editorial; but a company using your image to promote their event is essentially using it in an advertising context.

Were they promoting the event (Advertising)or promoting themselves by reporting on the event (Editorial). you can say it essentially it is the same thing. but legally could be quiet different.


I think the most important context in this situation is the OP's employer sent them to a conference that they were promoting so this was a work gig probably in a room hired by the Employer, this was work, any picture taken is property of the OPs Employer Certainly not the OPs.

Why would you want to piss off your employer?

magicbastarder

sheesh wrote: »

Were they promoting the event (Advertising)or promoting themselves by reporting on the event (Editorial).

the question remains as to whether attending the event gives them licence to use your image on facebook (which i would not class as editorial).