Pixalo Photography Community

Go Back   Pixalo Photography Community > Photography Forums > General photography questions and answers

General photography questions and answers: Discuss Individual rights....Hello all long time no posts. I hope some of you will be able to clear something up for me. ...
Welcome to the Pixalo Photography Community. As a Guest you are free to browse the site, but see what extras you get as a Member here.


Reply
 
LinkBack Thread Tools Display Modes
Old 21-12-2010, 18:04   #1 (permalink)
Forum Regular
 
Join Date: Jul 2005
Posts: 1,123
daveyuk is a jewel in the rough
daveyuk is a jewel in the rough

No Image editing
User's Gallery
Individual rights.

Hello all long time no posts.
I hope some of you will be able to clear something up for me.

My manager at work wants all of the team to have their photographs taken and used on a corporate intranet page.

I'm not keen on anyone taking a photograph of myself regardless of where it is or to be used.

As I haven't been formally asked either in writing (email) or verbally asking for my permission to be photographed nor has it been explained to me why this is happening, how long the photo will remain on the intranet page. Nor has it been explained what happens to the photo if I move on to a new role or if I leave my current employer. Do I therefore I have every right to say no. Even though the photograph will be published on an intranet page I've not seen or been given a model release form to sign. Legally what are my rights and where do I stand?

As the photograph is to be taken at my place of work, that being not open to the public as any member of the public that is on site is there at the express invitation of a member of staff am I right in thinking that this will considered as private property?

In this case what are my individual rights?
Many thanks in advance, sorry if this is posted in the wrong area...
Kind regards
David...
daveyuk is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 21-12-2010, 19:59   #2 (permalink)

PLEASE NOTE

I TYPE USING CAPITALS DUE TO A DISABILTY

THANKS FOR YOUR UNDERSTANDING
 
WOODY's Avatar
 
Join Date: Nov 2005
Posts: 4,278
WOODY is a jewel in the roughWOODY is a jewel in the roughWOODY is a jewel in the roughWOODY is a jewel in the roughWOODY is a jewel in the roughWOODY is a jewel in the roughWOODY is a jewel in the roughWOODY is a jewel in the roughWOODY is a jewel in the roughWOODY is a jewel in the roughWOODY is a jewel in the roughWOODY is a jewel in the rough

Image editing O.K.
User's Gallery
Users Camera Equipment List
Re: Individual rights.

HI DAVID, I DON'T PERSONALLY THINK YOU NEED LEGAL RIGHTS, IF YOU DON'T WANT YOUR PHOTOGRAPH TAKEN, OR PUBLISHED ANYWHERE, THEN THE ANSWER IS, POINT BLANK REFUSE TO HAVE IT TAKEN. I CAN'T SEE THAT IT IS IN YOUR CONTRACT OF EMPLOYMENT, THAT THE COMPANY ARE ALLOWED TO TAKE YOU PHOTO AND PUBLISH IT WITHOUT YOUR PERMISSION
WOODY is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 21-12-2010, 20:01   #3 (permalink)
Forum Regular
 
VinnyP's Avatar
 
Join Date: Feb 2006
Location: Surbiton Surrey
Posts: 1,147
VinnyP is a glorious beacon of lightVinnyP is a glorious beacon of light
VinnyP is a glorious beacon of lightVinnyP is a glorious beacon of lightVinnyP is a glorious beacon of lightVinnyP is a glorious beacon of lightVinnyP is a glorious beacon of lightVinnyP is a glorious beacon of lightVinnyP is a glorious beacon of lightVinnyP is a glorious beacon of lightVinnyP is a glorious beacon of light

Image editing O.K.
User's Gallery
Users Camera Equipment List
Re: Individual rights.

Wow tricky, well I can't answer all your points. Model release is for commercial use of an image to stop you suing if you deam the use defamatory. If it's a corporate intranet page it's probably not an issue. As for how long they keep it the use they put it to etc then, since it's a recognisable image, they will need to treat it as personal data under the Data protection act so only keep it for as long as necessary and only use for the reason that it was intended etc.

The sticky part for me is the first point do you have to let them take your photo. Unless it's in your written terms and conditions then I am assuming it comes under company or local policy and the implied terms aspect of employment, a "Contract of employment" covers a lot of things as well as the written stuff. In essence it's really about if it's a reasonable requirement of someone in your line of work and how hard you want to fight and rock the boat.
VinnyP is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 21-12-2010, 20:47   #4 (permalink)
Pixalo Crew
 
stepheno's Avatar
 
Join Date: Jul 2005
Location: Bingley
Posts: 10,668
stepheno is a jewel in the rough
stepheno is a jewel in the roughstepheno is a jewel in the roughstepheno is a jewel in the roughstepheno is a jewel in the roughstepheno is a jewel in the roughstepheno is a jewel in the roughstepheno is a jewel in the rough

Image editing O.K.
User's Gallery
Re: Individual rights.

As Vinny says, tricky. I think I'd be more worried about the atmosphere and staff relations if I refused
stepheno is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 21-12-2010, 21:00   #5 (permalink)
New here
 
Join Date: Sep 2010
Posts: 36
pjiffy is on a distinguished roadpjiffy is on a distinguished road

Image edit - ASK
User's Gallery
Re: Individual rights.

I'm a civil servant and we all have to have our photographs taken for our entry passes. They renew these occasionally and the last time, they said they would also like to put the shots against our entries in the directory we have on our internal intranet. Around fifty percent said they didn't want this so they were simply left out and a silhouette was used instead. There was talk at the time about them amending the stock employment contract so new employees couldn't opt out, but if that isn't written into your current contract, it could be you can say no. I agree with Stepheno though, they may not be happy and could even find some other way to coerce you.
pjiffy is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 21-12-2010, 22:39   #6 (permalink)
Growing roots
 
jake's Avatar
 
Join Date: Mar 2008
Location: yorkshire
Posts: 8,968
jake has a spectacular aura aboutjake has a spectacular aura aboutjake has a spectacular aura aboutjake has a spectacular aura aboutjake has a spectacular aura aboutjake has a spectacular aura aboutjake has a spectacular aura aboutjake has a spectacular aura aboutjake has a spectacular aura aboutjake has a spectacular aura aboutjake has a spectacular aura aboutjake has a spectacular aura about

Image editing O.K.
User's Gallery
Users Camera Equipment List
Re: Individual rights.

There's right and wrong but the best course of action is usually something much more subtle
jake is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 21-12-2010, 22:49   #7 (permalink)
Pixalo Crew
 
dabhand16's Avatar
 
Join Date: Jun 2006
Location: Dunstable Bedfordshire UK
Posts: 30,311
dabhand16 is a glorious beacon of lightdabhand16 is a glorious beacon of lightdabhand16 is a glorious beacon of light
dabhand16 is a glorious beacon of lightdabhand16 is a glorious beacon of lightdabhand16 is a glorious beacon of lightdabhand16 is a glorious beacon of lightdabhand16 is a glorious beacon of light

Image editing O.K.
User's Gallery
Users Camera Equipment List
Re: Individual rights.

What you don't say is what business you are in or if you are going to be individually identified on the web site. If you are not, not many people - if any - who will view the site will know who you are.

A lot of companies are now publishing pictures of the staff - and naming them - both on the internet and often at the place of work. Recently I've seen shots of staff in the reception of a hotel, in my bank and in a garden centre.

I don't think that you can be forced into this, but you need to consider if not going along with it will impact on the way you might be treated in the future. Are there any others who don't want to participate?

Don't forget there are probably thousands of images of yourself on the CCTV systems of the local council, the banks cash machines as well as the majority of shops that you go into.
__________________
Graham
dabhand16 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 21-12-2010, 23:29   #8 (permalink)
Forum Regular
 
Join Date: Jul 2005
Posts: 1,123
daveyuk is a jewel in the rough
daveyuk is a jewel in the rough

No Image editing
User's Gallery
Re: Individual rights.

Ta muchly for the replies, I think what's mainly got my back up is the fact that I haven't been asked and the lack of common politness and respect. I have mellowed slightly and see how the ground lies in the morning....
daveyuk is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 22-12-2010, 08:32   #9 (permalink)
Pixalo Crew
 
Markulous's Avatar
 
Join Date: Jul 2006
Location: Peak District
Posts: 19,640
Markulous is a jewel in the rough
Markulous is a jewel in the roughMarkulous is a jewel in the roughMarkulous is a jewel in the roughMarkulous is a jewel in the roughMarkulous is a jewel in the roughMarkulous is a jewel in the rough

Image editing O.K.
User's Gallery
Users Camera Equipment List
Re: Individual rights.

Have to agree that I can't see as you have any rights as such

Quote:
Originally Posted by daveyuk View Post
Ta muchly for the replies, I think what's mainly got my back up is the fact that I haven't been asked and the lack of common politness and respect. I have mellowed slightly and see how the ground lies in the morning....
This is the sort of behaviour that always gets up my nose - example of that old fashioned British management from which I always hope we've moved on - but it's amazing how much ignorance there still is out there!
Markulous is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 22-12-2010, 12:32   #10 (permalink)
Feet under the table
 
Des Gardner's Avatar
 
Join Date: Dec 2008
Location: West Midlands
Posts: 1,652
Des Gardner will become famous soon enoughDes Gardner will become famous soon enoughDes Gardner will become famous soon enoughDes Gardner will become famous soon enoughDes Gardner will become famous soon enoughDes Gardner will become famous soon enoughDes Gardner will become famous soon enough

Image editing O.K.
User's Gallery
Re: Individual rights.

Firstly Check your conditions of employment......if there is nothing there about having your photograph taken then refuse.....if its a security thing then that may be a different matter however, if you refuse then a gap will always appear between you and your employers....be polite about it and ask to see your personel department and try and state your side of the facts.....but you will find that even they will be on the employers side....and of course if you flatly refuse then dole money dont go very far these days.....think very carefully about your decision! This is only my thoughts on the subject.....
Des Gardner is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 22-12-2010, 18:00   #11 (permalink)
Growing roots
 
fionaB's Avatar
 
Join Date: Sep 2006
Location: Scotland
Posts: 10,528
fionaB is a glorious beacon of lightfionaB is a glorious beacon of lightfionaB is a glorious beacon of light
fionaB is a glorious beacon of lightfionaB is a glorious beacon of lightfionaB is a glorious beacon of lightfionaB is a glorious beacon of lightfionaB is a glorious beacon of lightfionaB is a glorious beacon of light

Image edit - ASK
User's Gallery
Users Camera Equipment List
Re: Individual rights.

no law thats stops someone taking your picture with or without your consent,. its what its used for that matters and i think as long as its not used to advertise something or to show a certain opinion etc then you have little rights against having it done on the flip side if u must haver it done there is also no law as to what you are doing int he picture so stick out your tongue and cross your eyes!
fionaB is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 22-12-2010, 23:02   #12 (permalink)
New here
 
Join Date: Sep 2010
Posts: 36
pjiffy is on a distinguished roadpjiffy is on a distinguished road

Image edit - ASK
User's Gallery
Re: Individual rights.

I have a two page pdf file outlining the law as it applies to photography in the UK. I can't recall the site I got from but it's by someone called Linda MacPherson LLB, Dip. L.P, LL.M, a freelance legal consultant specialising in Media Law and Intellectual Property Law. She's also a part-time law lecturer. It's dated 30th March 2009. It was free for the taking (as long as people don't alter it). I'm more than happy to share it if site management are cool with that?
pjiffy is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 23-12-2010, 11:09   #13 (permalink)
Forum Regular
 
Dave Canon's Avatar
 
Join Date: Nov 2006
Location: Cheltenham
Posts: 1,282
Dave Canon is just really nice
Dave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really nice
User's Gallery
Users Camera Equipment List
Re: Individual rights.

While I sympathise as I hate having my photograph taken or displayed, I recently reluctantly agreed to my photo appearing on the Club website. The purpose being that members can easily recognise the Committee. You have not said what your photo would be used for. I imagine it may be to show customers this is our sales team (or similar) which is all perfectly normal these days. On the other hand, if your job does not require dealing with the public or customers then there would be little point in displaying your photograph.

So if it is for the benefit of the company in dealing with customers then it is to your advantage if your company is successful. If this is the case, you will probably have to come to terms with your photo being displayed. The mistake I made was just submitting a snap taken by my wife which is very unflattering. Make sure that the photograph is taken by someone who knows what they are doing and explain that you want to look your best.
__________________
Regards Dave

http://www.image001.co.uk
Dave Canon is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 24-12-2010, 10:04   #14 (permalink)
Forum Regular
 
Silver Dragon's Avatar
 
Join Date: Dec 2006
Location: Manchester area, UK
Posts: 738
Silver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura about

Image edit - ASK
User's Gallery
Users Camera Equipment List
Re: Individual rights.

I would be taking it up with the Manager, on a "what is this all about and why" basis, friendly like, and sort of point out you aint happy at the moment 'cos no one has told you why kind of thing?...

In my line of work, I MUST carry Photo ID at all times, I drive HGV, with the Dangerous Goods licence and Airport Security attachments, so not only must I have photo ID, it must be worn and clearly visible.

Saying that, I wouldnt like THAT Photo as part of any companies web-site without my permission being sought first....
Its bad enough to frighten anyone off anyway... I have one of those "Walking Dead" type photographs, taken after "One of those days", its not the best.

On the subject of Employee privacy, I once had a right slanging match with one company who wanted to include home phone numbers on a document available to all employee's. That is Private and Personal information, Managers and Boss, no problem, but why on earth would I want the sales desk knowing my home phone number?...
"We may need to ask you to collect something on the way to work" was the reply... "You will be paid extra time should that happen"....
Erm... my Car is PRIVATE light goods, and insured as such, "Collecting" would invalidate the insurance, you either supply a work vehicle, suitably insured, or DO NOT call......
They accused me of "Not having team spirit", I countered with accusations of being requested to break the law and where did it say THAT in the T's & C's of the contract?...

One of the (many) reasons I now work for an Agency... I do the same job, for twice the money, and they say "Please and Thankyou"......
__________________
Trying not to drive faster than my guardian angel flies......
Silver Dragon is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Photographers rights AQ General photography questions and answers 1 09-02-2010 08:13
UK e-mail law 'attack on rights' dabhand16 Computer hardware, software, networking and internet 3 10-01-2009 10:06
Photography rights candyspics General photography questions and answers 6 30-07-2007 15:28
Photographers Rights fionaB General photography questions and answers 3 23-02-2007 12:11
Anyone got the Photographer's Rights PDF? GfK General photography questions and answers 31 03-09-2005 16:37


All times are GMT +1. The time now is 20:38.


vBulletin Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
ReviewPost & PhotoPost vB3 Enhanced, Copyright 2003-2014 All Enthusiast, Inc.
SEO by vBSEO 3.3.0
Copyright © 2006 - 2017 Pixalo.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196