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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Dear sirs I have worked national chain trader

Resolved Question:

Dear sirs
I have worked national chain trader months, during my work the marketing department took my photo while i was working but never realized that my photo will be used purposes, Now and after I was made redundant the advertising leaflets and the company's website are still using my picture marketing purposes (Main website, Leaflets and posters).
I feel that it is not fair that I have been made redundant while the company is still using my photo in their main advertising campaign without my permission including the period that I was working and also after I was made redundant.
My Question is, have I got a case using my photo marketing purposes bearing in mind that I have never agreed or signed any papers confirming my acceptance to such action.
SAmi
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. What were you told the photo would be used it was taken?

Customer:

Ben,

Customer:

I was not told anything about posting a picture of me , they have only took a photo of me without saying where the Photo is going to be . Until now, my photo is still placed in the canteen, on a big screen inside the work placement and on their official website. Thanks.

Ben Jones :

You cannot just make a claim against them if you have not actually suffered any losses as a result. It is quite unlikely that you would have suffered any losses because you are not missing out on any earnings by having your photo used by them, you do not have any image rights which you could have sold elsewhere. So a claim is rather unlikely here and not something I would advise you look into.

You could however try to take steps to have the photo removed by arguing it amounts to personal data under the Data Protection Act as you are clearly identifiable from it and have not given permission use. The issue is that if the employer refuses to remove it or stop its use, it is not easy to force them to do this. You would likely have to go to court to try and do this and will not get any compensation from it so the end result would just be trying to put a stop to the employer using the photo and you will actually lose money from this as you would have to pay legal and court fees.

So you need to consider how important it is that they no longer use that photo and whether it is worth pursuing this in court to try and put an end to this.

Customer:

Thanks help.

Ben Jones :

you are welcome

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