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Can my employer use my image without my permission?I have…

Can my employer use my...
Can my employer use my image without my permission?
I have just discovered a huge permanent print on the wall of their reception!
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Answered in 8 minutes by:
6/13/2014
Marsha411JD
Marsha411JD, Lawyer
Category: UK Employment Law
Satisfied Customers: 20,823
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Hello,

In order to assist you I will need to know what State you work in. Also, do you have a specific objection to the photo use and if so, what is it?
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Customer reply replied 3 years ago

England, UK


Its in the reception of a hospital, its huge!

Sorry, not sure why this got in U.S. Employment Law, but it did. I will have to ask the Site to send this to UK Employment Law as the U.S. Experts don't handle UK issues and vice versa. There might be a slight delay while waiting for the change, but hopefully not too long.
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James Mather
Category: UK Employment Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
Verified
Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.

Why does your employer have your image in the first place?

Have you confronted them about this?

What is the problem with it?

What do you want to happen?
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Customer reply replied 3 years ago

I work in a children's unit in a hospital. It was taken when my unit opened, I think it was to be used in internal literature/training. I don't recall. It was a busy day and a photographer turned up! I wasn't told it was going to be used for this.

 

Not as of yet.

 

It is a huge picture in a very public place.

 

If a professional model had be used they certainly would have received a fee. I was not asked for the image to be used this way and find it frankly embarrassing.

 

The images were taken for training videos.

Have you asked them to take it down?

You are quite entitled to or to be paid for it unless you have signed a "model release form".
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Customer reply replied 3 years ago

What might be the best way to broach this situation with my employer? It is difficult as the picture is significantly placed in the hospital reception and asking for it to be taken down will cause a scene. After thinking about it I would not have said no if they had asked me to use it but they didn't. Aside from the discourtesy, it has created this predicament where I believe I should be compensated accordingly as a professional model would expect.


You are in a bit of a Catch-22 situation.

You want the picture taking down it seems (or paying for it) but don’t want to be confrontational and I can understand how you feel.

Unfortunately, there is no easy way to do it. You either have a word with the employer and ask for it to be taken down or put up with it.

It is most unlikely that you would succeed for anything like the fee that a professional model would get unless you were a professional model (even part-time) and this was done in your own time. If it was done in your employers time, and you will suffered no loss.

It really comes down not to whether you speak to the employer or not because you have no option but to do that if you want anything to happen but rather what you say.

In that respect if you want to tread softly softly you might want to try a throwaway remark initially quite simply saying that you didn’t know that picture was going to be used there or for that purpose as you feel a little embarrassed by it.

As I said, you either confront them in some shape or form or put up with it.
James Mather
Category: UK Employment Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
Verified
James Mather and 87 other UK Employment Law Specialists are ready to help you
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Customer reply replied 3 years ago

Thank you. Would you have expected anything less from the NHS.

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James Mather
James Mather
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