When Our Photo was Used Without Our Permission
Okay.
Check this out.
Someone pointed out this newspaper advertisement to me earlier today (Thanks heaps, Liz!) and told me how she spotted two familiar faces, right in the middle of the main photo in the full-paged advertisement on The Star, a Malaysian newspaper.
My oh my!
I think I KNOW these two children!
I went to check out the company’s main website, and YES, I also spotted the same advertisement there, and this time, in full colour!
Those two happy kids seemingly enjoying their time in Disneyland sure looked familiar!
And, it really looked like this photo of Anya and Vai taken by me at Marina Bay, no??
[My blog post dated 19 July 2010]
Just in case you’re wondering, no, I did NOT know anything about the advertisement nor any campaigns arranged by a Malaysian Travel company where my two children appeared to happily participate in.
…
Some people may say, “Wooo … how nice! Your kids appeared in a Malaysian newspaper!! It’s free advertising!”
The question is, should we feel happy that our kids appear on a Malaysian newspaper?
Well, frankly I don’t feel that way.
I don’t think it’s a ‘privilege’ nor a ‘legally approved’ action when a big corporation uses a photo, taken off the internet, for their COMMERCIAL use, WITHOUT the photo owner’s permission.
…
Now some others may think, ‘But your photos are online, and people can freely use them, right?”
Errr, no.
Especially NOT when you’re making money / profits from the use of the photo!
I know we are now living in a digital era where photos are shared on the internet. And I know ‘anybody’ can easily grab any photos posted online too.
BUT, really, does it mean it’s okay to do so?
To me, asking for a permission before using someone’s belonging is just plain courtesy.
(I’m not too fussed if say, I discover someone is using my photo for a personal school assignment. Still, please do ask for my permission yeah. I’m sure it’s not too hard to drop me an email? I love reading emails sent by readers of this blog and those who feel my photos can somewhat be useful for their projects … )
Anyway.
I’m really not happy with what’s been done by the company (or its advertising agency).
And to think that they most likely make millions of dollars every year and yet they disregard ‘copyright issues’ when they’re attempting to make another million is just disturbing.
Here’s what I think.
I don’t think it’s right. It’s not fair. And I really don’t think it’s legal.
Question is, can I really do anything about it?
24 Comments »
Leave a comment!
Hey!!
Yes if you want to use the photos belonging to an individual then you must take permission from that person.The ideas you mentioned here are awesome.
Thank you so much for great sharing.
That sucks! Never like to deal with these people… Send them a copyright infringement letter + invoice. They must pay up.
Hi Leonny,
I came across your blog some months back while looking for some topics on raising children and have been a silent reader since then. Anyway I wanted to ask if you’ve managed to write the letter to the newspaper and gotten any reply. The thing is I recently found out too that they’ve used what I believed is my son’s photo which they photoshopped and added an extra 3D shades for a movie/cinema ad. I wasn’t pleased when I found but trying out what’s the best approach to raise this matter with the company as it is an infringement. Do let me know what had happened at your end if at all. Thanks!
Hi Yusma,
Nice to *finally* hear from you here on my blog =)
We’re writing to them.
As for your case, I’d suggest that you write to them though about your son’s photo *after* double checking that it is 100% your son’s photo (eg. you have the original shot too, etc).
All the best!
definitely write to them. Reliance is a big company here in Malaysia. But designers here have absolutely NO CONCEPT of copyright. I don’t think its an ad company cos they should know better by now. i think its an in-house designer. But if the senior managers are made aware of this, they should do something. If they don’t do anything, threaten to spread the word on Facebook. hehehe. the infamous KFC viral video really damaged their reputation here.
Hi mc,
Actually I too feel that ‘word of Facebook’ can give such companies a ‘better lesson’ than a lawyer’s letter.
(but then again, we’ve heard of such cases where the ‘big fish’, who’s clearly in the wrong, jumps back at you and sues you back for defamation. Interesting ‘legal world’ we live in)
I’d suggest legal action right away. Nothing is scarier than a threatening lawyer’s letter. All it may take is a letter or two, and not an entire lawsuit. Frankly, they can’t deny wrongdoing. Your cost is the time taken to draft the letter. That will be a function of the law firm and lawyer you choose to engage. Ultimately, a lawyer’s letter will make them sit up and take your complaint seriously, and the threat of a full scale lawsuit will make them take the ads off and offer some form of compensation, be in monetary or in the form of an apology.
I agree with you that a lawyer’s letter will definitely grab their attention. Haven’t decided if we’re going with a letter from the lawyer, but we will definitely write to them.
hi Leonny,
write to them an official letter, insisting you are not impressed by their photoshop (cut and paste). … but I doubt they will even bother to reply.
If no response, ask your Malaysian blogger friends to help publicize :p
Malaysian bloggers are often more vocal then us keke.
cheers,
andy
Thanks Andy!
(I have a feeling that they won’t bother too … hmm)
You should definitely write to them and demand an apology. And the advert has to be removed, unless the company is willing to pay for the usage of your kids’ pictures. Contribution to their Education Fund. Heh…
u can sue them. but then whether it’s worth the legal cost is another problem
Yes, that’s exactly what’s happening a lot, I think.
People assume it’s not worth the time, effort and money for image owners to pursue anyway ?
Of course you can do something. Write to them and lodge a complaint before you go into Legal action. Make sure they apologize as it’s still invade your privacy irregardless it’s online or not.
What’s the clause on the Rights of photography in your web page, serve this purpose.
Thanks Sam.
I will write to them. Not sure though if it’ll even get to the right person or if anything will be done on their side …
Your subject must be threatening enough so they can read. If no reply, let me know I ask my friend in Malaysia check for you on:)
The company probably doesn’t even know. It is likely to be their advertising company who is behind this. The company would appreciate your letting them know actually.
You can drop them an email. Like an FYI perhaps?
Hi Yve,
I was thinking of dropping them an email.
A friend told me how something similar happened to her company. The artwork (website) was done by someone else, and that someone else used an image taken off the internet. In the end, the image owner found out, and the company got a lawyer’s letter and was asked to pay quite a hefty amount for the use of images (calculated according to the duration of use, etc). In this case, it doesn’t matter if it’s done by an agency / a designer / someone else, … the company bears the responsibility and will need to pay up.
Now for my case … hmm …
of course you can and you must!
you have to complain!!
it happened to us also last year. I did complain to the magazine and they posted an apology on their latest issue.
Thanks Arman for sharing!
And you got your photo used by a magazine ? Tsk tsk tsk … good thing you found out and got an apology too in their next issue!
This seems so wrong! I’d complain to the company and The Star newspaper, and ask them to remove the ad straightaway. If they refuse to comply and apologize, I’d consider legal action.
Personally, I don’t condone such actions, and especially not with my kids’ photos.
Of course, everyone may feel different.
Hi MieVee,
True, … some other people may in fact be okay with their photos being used without permission, even when it’s for commercial use.
I’m not so bothered if I happen to find out that my images are used without my permission, for personal projects (though of course it’ll be nice for them to let me know in advance). But for images of my children used without my consent, by a big company, and to gain profits and make money … errr … I really can’t think of any reasons for feeling all okay about it.
Sure u can… both are ur children, of course must get ur consent before appear in any ads. Furthermore, they nvr ask ur permission. Something not right here.. ask them to apologize (at least) before threaten to take legal action..
For example, my company use iphone photo and advertise in newspaper, straight away iphone write in a complaint letter, and subsequently the ad has to be taken down immediately. the same goes to your case, no consent, they have no rights to do so!!
just my 2 cents opinion.
Thanks Sim for sharing what’s happened to you. I agree, it really is just wrong … and, it involves faces of little children, used by a company for commercial use, without consent.
Will write to them.