A little research please

[Heather]

Hi,
As one or two may know I did an advert on tv for Nintendo ds- but apparently there is a cardboard cutout of me in a 'Game Shop' (Computer not butcher ) and I did not give permission for this. If anyone has a 'Game' shop nearby can you pop in and see if an old girl in a pink cardi is advocating Nintendo ds games. It will be me and I can have more power to the proverbial elbow when I contact the company concerned.
Cheers

 

[For want of a better word]

I did one for Hammer Films................ never received a penny!!

 

[Heather]

Well I got paid- but just for tv ads and internet- not a ruddy cutout of me- price just gone up!! Big time

 

[RoofTops]

If you signed the standard agreement for a model it would have given the rights to the photographer/company to do what they like with the picture.

If they didn't get you to sign anything they were very remiss as they should have. It is standard practice.

 

[Heather]

I signed consent for them to use the film on tv and computer- but that doesn't include image 'off line'...will await any feedback re other shops using it- then challenge them.

 

[broandy]

Stick the boot in Heather lol

 

[Heather]

Only financially- don't want to damage the body... mine that is

 

[Dishmop]

The rights to a photograph belong to the person who took it and they can do what they want with it...

 

[psafloyd]

The rights to a photograph belong to the person who took it and they can do what they want with it...

Not necessarily, Dishmop. Although in this case, the small print is probably where to check as to rights.

http://en.wikipedia.org/wiki/Photography_and_the_law

http://www.retouchpro.com/forums/legal-issues/24706-rights-ownership-subject-photo.html

www.sirimo.co.uk/ukpr or http://www.sirimo.co.uk/2009/05/14/uk-photographers-rights-v2

http://hubpages.com/hub/Know-Your-Rights-as-a-Photographer-and-as-the-Subject-of-Photograpy

 

[Dishmop]

The reference to photographing "constables" is interesting because of an incident earlier this year when a policeman did something to stop a member of the public filming what he was doing in a riot or whatever. The police said it was not allowed, but somebody on TV said it was rubbish.

In general tho, if I take a picture of Fred walking down the street I can put it in the paper or on the internet,,, but if I took that picture of Fred in his garden after I had crawled thro two hedges and was hanging from a telegraph pole I think that would be and infringement of privacy...

having pis taken of you if you are being paid for it probably means that you have no say if you have signed something....

 

[Heather]

By that reasoning I could take a pic of David Beckham and use his face
to promote Wrongclothes (family company T shirts) on the basis that I own the image.

Unless David signs something to say that I can use his image in a campaign
I would expect to be talking to some very amused lawyers -

If we use anyone's work in a TV or Web campaign - we would need to
contact them to negotiate an additional usage fee for press. I can't
imagine its any different for 'actors' who have agreed to appear in a
TV or Web advert.

 

[psafloyd]

By that reasoning I could take a pic of David Beckham and use his face
to promote Wrongclothes (family company T shirts) on the basis that I own the image.

Unless David signs something to say that I can use his image in a campaign
I would expect to be talking to some very amused lawyers -

If we use anyone's work in a TV or Web campaign - we would need to
contact them to negotiate an additional usage fee for press. I can't
imagine its any different for 'actors' who have agreed to appear in a
TV or Web advert.

Yes. You could own an image of David Beckham, but when you apply that to a commercial environment, your success may be as a result of their image, to which they have rights.
There was an interesting case a few years ago about a member of the public complaining about how their image had appeared in a TV programme without their consent.
I think they lost because they went in on privacy rather than rights and it was chucked out.

 

[Dishmop]

By that reasoning I could take a pic of David Beckham and use his face
to promote Wrongclothes (family company T shirts) on the basis that I own the image.

Probably not but I wasnt refering to advertising.

Publishing is different. Newspapers dont have to ask his permission to put his pic in the paper.

Your case... depends on if you were being paid,,,, description of what you were being paid for..... was there a line drawn between different advertising/promotional media???
If you can show that the only mention of use was for TV promotion advertising ., and not just a generalisation of promotional advertising...

 

[Heather]

Yep -TV and Internet. That's why I am going to chase- just need to know areas they have infiltrated!

 

[Dishmop]

Every time I go into B&Queue I have to do a double take when I see Allan Titchmarsh standing near the baskets..

 

[Dishmop]

Yep -TV and Internet. That's why I am going to chase- just need to know areas they have infiltrated!

Tell them you want so much for each one used per day...and that you have started to compile a list....

 

[Heather]

just waiting to hear of any North of London

 

[Hombre]

I agree with you Heather. You seem to be sure about the extent of the release you signed, so go for it. If anyone sees said cut out, photograph it for Heather, with enough background to identify the location.

There was a case a few years ago where an atractive Japanese American girl published her photo in her blog and a year or so later noticed a major electronics giant using her picture in their advertising campaign. She eventually settled $$$ and also had the advertising pulled.

You obviously did the original job for financial remuneration and so your visage has obviously got commercial value. If you took their commercial product without paying they would wish to seek redress. If nothing else, it is a breech of your contract with the company by the sounds of it.

 

[iball]

I've just seen a Nintendo ad on the TV featuring a young lady in a pink cardi, it must be a different ad from the one that you're talking about Heather.

Ian

 

[Heather]

Soft focus is wonderfully kind. . if I was discussing murder- that's me!!