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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3652
Experience:  Solicitors 2 years plus PQE
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We had a wedding back in January 2014 and today we have been

Resolved Question:

We had a wedding back in January 2014 and today we have been informed by a friend that the wedding venue company have used our photographs are being using in a massive marketing campaign; online (their website), on brochures, flyers small and life-size posters around two separate venues -part of the same group of companies.
On our wedding day we remember asking someone who they were when they were taking photos and they said "that they work for the venue". We thought nothing of it.
My question is, are they legally allowed use the photos without our permission even though we have a signed contract and at no point does it mention their photographer; nor does it state that the venue will use photographs for distribution or marketing purposes, and where do we go from here, and can we sue?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Do you have a copy of the terms and conditions you can post into this thread?
Have you asked the hotel to remove your image?
Kind regards
AJ
Customer: replied 2 years ago.

Hi Alex,

Thanks for your quick response. Unfortunately I don't have a copy of the contract with me, it's at home and we only found out today.

My wife's Dad is a Solicitor - who reviewed everything for prior to the wedding too.

We only found out today so have not contact the venue about this. I am guessing that would be the appropriate action?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Ultimately for you to have your image and wedding photos commercially exploited then your consent is required. If they are going to continue to use your image they either need to prove consent or pay you for use of your image.
You can potentially sue them, however it will be conceptually difficult to prove losses or what you should be paid as a fee.
What I suggest you do is get a local solicitor to write them a with cease and desist letter (It should come from a solicitor because it will give the letter added gravitas that you have been advised and know your rights). The letter should ideally say the following:
(i) The use of your image, aside from being an exploitation of your likeness for a commercial purposes is a gross breach of your privacy;
(ii) Say that if they do not immediately either (a) propose a substantive fee for use of your image as one off or (b) remove the image you reserve the right to take further action;
(iii) Such action will include commencing a court a claim for an injunction and damages and/or reporting them to the office of fair trading https://www.gov.uk/government/organisations/office-of-fair-trading
Say to them that this in appropriate invasion into a private family event is wholly acceptable and cannot continue without proper action from them. Say that if they do not respond in 7 days you will take action without further notice.
Are the photos themselves from inside the venue?
Kind regards
AJ
Customer: replied 2 years ago.

Hi Alex,

Thanks for your in-depth response, that helps massively.

As far we know thus far; the photos are both inside and outside of both venues on posters and in the windows and brochures, flyers etc.. as mentioned above. Although I appear on them too, my wife appears to be the main character in most of their marketing.

Thanks

Leigh

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The problem is you may struggle to have the ones removed that are in public areas. The photos taken from your private function room/hired area have an expectation of privacy and therefore are the ones that should not be used under any circumstance.
If you have any follow up points you would like to discuss please do not hesitate to contact me.
Kind regards
AJ
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