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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Hi, A photo of myself has been used on a webiste by a global

Customer Question

Hi,

A photo of myself has been used on a webiste by a global company without my permission. I don't know where they got it from and I never gave permission for my photo to be used in this way. What can I do about it?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
-Could you explain your situation a little more?

Customer: replied 3 years ago.

It's been used as a main picture on a webiste as a background. It is a close up of my face that spans across the whole web page almost.


 


I haven't consented to an image of me being used in this way or any other commercial or advertising purposes. I don't even know where they got my picture from.

Expert:  Stuart J replied 3 years ago.
Do you recall having your photograph taken for any purpose at all?
Customer: replied 3 years ago.

At a community centre many years ago some photographers took pictures for a CD called 'faces of the world' but it was only for the CD and no other use.

Expert:  Stuart J replied 3 years ago.
Did you sign any forms at the time?
Customer: replied 3 years ago.

Yes to consent to image being used for CD bit nothing else was in form we indicate that we were giving permission for our pictures to be used in any other way. This was 10years ago. Since theN my image has been used on phone cards and a comboard notice board in slough! I can't seem to find who is distributing my image.

Expert:  Stuart J replied 3 years ago.



You don't necessarily need to know who is
distributing the image, you know who is using it, which is probably more
important.

I don't know whether you want them to stop
using your image or whether you want money (money is nice).



The choice is yours.



You can have a solicitor write to whoever is
using the image and demand money for the use to date and an ongoing charge or
demand its immediate withdrawal and demand them to tell you where the image
came from under threat of a court application and an application for costs.



Whether you get any money depends on whether
you want to pursue the matter in court and of course the solicitor will want
paying upfront.



You may find the image on websites such as
Getty images or Istock.



They are free to browse although you do have
to login.



Getty are extremely quick at jumping on the
back of unlicensed images, so it would be nice to have someone jumping on their
back for a change!



Can I help further?







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The thread remains open.

It is not an instant service so sometimes you will get a response in minutes
and sometimes it will be hours.



Thanks



Customer: replied 3 years ago.

Can I ask for them to remove my image and ask for money for the time it has been used for as compensation? Do I need to get a solicitor to write the letter or can I send one myself? And how much are solicitors likely to charge for such services?


 


also how much compensation can you ask for? Is it a rate per day. Sorry for all the questions. Just stressful seeing my image being used yet again!

Expert:  Stuart J replied 3 years ago.

You can ask for whatever you like, including what you say above.

It depends whether you want ongoing income or the usage to stop.

If you s my client a letter personally, I would tell him to ignore it until such time as you had spent money on a solicitor.

There is no reason why you cannot send it yo, but a solicitor's letter will make them take more note.

A solicitor would probably want at least £300 for opening the file and writing to the offender's and receiving their replies.

You can of course write your own letter and then issue proceedings in the County Court If they do not do what you have asked for .

The fee for using such an image varies and can be from £25 up to thousands of pounds depen depending on the resolution of the original, your fame and the value in your image.

unless you are a celebrity, it is going to be at the lower end .

some pictures are licensed for annual use and some are purchased from the image suppliers on a one-off basis .

I would probably ask them for £500 on a one-off basis.

Customer: replied 3 years ago.

I believe they have used the image for at least over a month on the website and are still using it. My friend actually alerted me to thisit could you have a look at the website and let me know what you think? It's


the future's group website and its the third image that comes up on the main page.

Expert:  Stuart J replied 3 years ago.

Lady looking to the left or gentleman? Good photos.

Worth a letter.

You could threaten emergancy application for injunction to get them to remove it if that's what you want.

That'll be £2k or so but can get that back if you get the injunction

Its up to you

Customer: replied 3 years ago.

Lady looking to the left. I do want them to stop using it but I'm also angry that they have used it for so long and want them to pay for that.


 


These are large images and its in the main website. Ita a global company. I was absolutely mortified to see my picture on there!

Expert:  Stuart J replied 3 years ago.

In which case, I have given you all the information I can. Can I help further?

Please don't forget to positively rate my answer service (even if it was
not what you wanted to hear) and I will follow up any further points you raise
for free. If you don't rate it positively, then the site keep your deposit and
I get 0 for my time

Customer: replied 3 years ago.

Thank you for your help. I hope I can et this sorted. if I pay out solicitors fees and seek compensation then will they pay the solicitors fees. I will leave rating soon so don't worry about that.

Expert:  Stuart J replied 3 years ago.

Thanks. They are only obliged to pay solicitors fees if you issue proceedings and they either capitulate or you win.

 

This is who did the website.http://srainwater.com/ They have photographer XXXXX XXXXX who may or not be the one. Worth a shot at the web design co.

Customer: replied 3 years ago.

Thank you so much for finding this out for me! I will contact the web design company too.


 


Many thanks Smile

Expert:  Stuart J replied 3 years ago.

The web builder details are in small print in bottom RH corner of the site.

Threaten court if they dont say where the pic came from. You need to get to the root supplier!

Please don't forget to positively rate my answer service and I will follow up any further points you raise
for free. If you don't rate it positively, then the site keep your deposit and
I get 0 for my time

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I just found out today that the same photo of myself has been used as a cover for a book sold internationally! I am so upset. It's called 'Inside Islam: The Faith, the People and the Conflicts of the World's Fastest Growing Religion' by Karen Armstrong & other authors.


 


This is just too much. I am deeply uspet.


Can you let me know which area of law this falls under? I need to get hold of a solicitor but I don't think I can afford the fees. I will have to ask around.


 


Many thanks.

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