Hi, I'm UK based; my ex-employer from two years ago has been using marketing videos with me in them, I have asked them to take them down from their website, however they have left some of them still up, I never signed anything agreeing for them to use the videos, what can I do?
Country relating to Question: United Kingdom
I have written two emails, and some videos where taken down but not all.
Hello and thank you for your question, which I will be happy to assist you with. It won't be easy to take these down and prevent your employer from using them. The copyright in the videos would belong to their creator. If you were aware that you were being filmed and did not object to it at the time you would have implied your consent to being included in them. You do not have image rights in the UK unless you have some image to protect, such as being a celebrity or similar. The best option is to try and claim that the video contains personal data in the form of your face, but that would only work if you are easily identifiable. Even then, it is not a great argument with guaranteed prospects of success. So unfortunately there is no guaranteed way of taking these videos down and no organization to enforce that.
I have quite a unique face due to a facial scar, I work as an account manager within the same sector and it is important for my professional image not to be associated with this company any more, especially as they have headed in the wrong direction and it is a very smaller sector, when the video was created I was pressured into doing it, I had already found a new job somewhere else, additional I have had an employment tribunal with them since then which the chose to settle out of court. I never realised they would release the video onto you tube either it was meant to be a small thing.
I need to do something, what is my next step?
well you can send a final letter stating that you believe your image amounts to personal data under the Data Protection Act because you are readily identifiable from it and as such you request that the whole video, or at least parts that you appear in are removed. Give them a deadline within which to comply and state that if they do not you will have to report this to the Information Commissioners Office. You may report therm but am unsure whether they will actually do anything about this
It's a start, thank you.
Specialist in UK Law with expertise in UK Employment Law
Hello, Following our recent conversation, this is just a quick follow up to see how you are getting on and to check if my advice has been helpful in dealing with your query? I look forward to hearing from you.Regards, Ben
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).