How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8564
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

I'm a photographer who was approached by a London university

Customer Question

Hi, I'm a photographer who was approached by a London university for me to be part of their intern scheme.
I accepted and received 3 interns.
The first one was great, the 2nd a was not and I made my excuses and politely let him go as I cannot trust someone near my clients or on big shoots if they cant do, or are above the basics (I think he thought he'd be straight onto commercial jobs with me).
The 3rd arrived and was good for the first day, then didn't return with no explanation but she did make comments that now seem related to intern 2's claimed experience.
2 years later, I find 3 shots on google images with my name attached, whilst searching as I'm rebuilding my website and checking it thro.
I clicked on the image links to find intern number two's tumblr account & university's actual report page (including address etc) detailing his negative experiences with me and 3-4 photos of myself in my home - which I hadn't in any way agreed upon or was aware the student had taken.
The photos are very high on the google listing.
My PR consultant friend was quiet concerned as my clients and potential clients good see this unprofessional look & negative depiction of me.
I'm furious as the students page has been up since 2014, I don't search for myself on google images and had not noticed.
But thats exactly what a potential client does, according to my PR.
My colleague contacted the student, who was initially negative and then agreed to take down the offending article and that it may take 2 weeks.
This was a month ago.
Its still online now.
I have had a noticeable drop of final acceptance onto high profile shoots since late 2014.
For no apparent reason, they have just not finalised jobs with me after considerable to and fro.
Of course this is a part of the business, but I'm still very concerned as its been quite a striking and consistent change from various commercial clients in large PR and Advertising firms.
The university couldn't find the details for the guy or whoever was dealing with it but also admitted they didn't know which department had been dealing with it.
How can I get the images removed and how can I make sure this never happens again.
Is it possible to take action against the University itself and if so, what would you suggest?
Is this Slander etc?
I have to gain written permission for any usage of images and these ones are inside my home and I'm furious about it.
Many thanks,
Mo
PS I'm loathed to give you my name as each search pushes the images further up the google listings.
Submitted: 5 months ago.
Category: Law
Expert:  F E Smith replied 5 months ago.

I don’t need your name.

Do you have an address for the person that posted these images?

With regard to the experience which has been posted online, is it untrue and would the average person looking at it, who knew the actual situation, believe it was defamatory towards you?

Customer: replied 5 months ago.
http://radimkubon.clickgarden.net/internship-for-morgan/this is on his website but its on his tumblr also.Yes definitely defamatory in my opinion and no permission was given for any photography of my home or myself - I was unaware he took the shot of me. Not truth to it, other than he had to do menial task, but nothing I haven't had to do myself whilst assisting or interning to gain respect of the photographer to move further up the trust scale as it were. I'd never expect someone to do something I wouldn't myself. We make tea for each other and clean up messes, if that makes sense
Customer: replied 5 months ago.
Scroll down on right hand side you'll see 'my experience with morgan'
Customer: replied 5 months ago.
Ah, I see he's removed the college report from his tumblr , images still on his website.
Customer: replied 5 months ago.
He's edited the post, its changed and removed the negative comments. We asked him for full removal.
Expert:  F E Smith replied 5 months ago.

Well, I have to say that if he is trying to impress people with his photography skills, from that blog, his photography skills are lacking because clearly they are just point and shoot. Moving on.

I’m sorry to say but I don’t think that this is defamatory. If it’s actually what happened, then simply reporting factual events is not defamation even if it does lower your esteem in the minds of right-thinking people. There is nothing in the words which is libellous in my opinion.

I can’t see anything on the right-hand side, My Experience with Morgan although that may be what you said he has removed. The page is headed Internship in Morgan White Photography.

However that is not to say that you can’t do something about this.

You may have given him consent to take the shots but you have not given him consent to use them and presumably you have not signed any kind of model release form. Perhaps he learns about that in a later module!

I suggest that you write to him and tell him that he has posted images of the inside of your property without consent and that is a breach of your Human Right to privacy. Further, he has posted images of you personally. He has done all of this without any kind of authority or release you and you require these images removed by no later than Friday, 17 June 2016 failing which you will make an emergency application to court for an injunction to make him remove the images and you will ask the court to award costs against him. If you got your solicitor to send letter, it is likely to make him sit up and take note or than if you sent the letter yourself.

You could ask him to remove the comments on the basis that they are defamatory (even though they are probably not) although I don’t think the judge would make him remove them. In isolation, without the images it doesn’t mean much.

If he were to put together a document that said that he was only there for one day and in the morning you asked him to do a whole load of paperwork and receipts and that you didn’t have a studio you work from home and you had bicycles in the living room, whilst that is a potential breach of privacy also, it appears to be factual. However he would have to be foolhardy, having been faced with an application for a court injunction, to do anything but leave this well alone.

If you have experience of drafting court applications, you could do it yourself or the solicitor could do it for you if your time is more valuable. The solicitor will of course know exactly how to word both the letter and any subsequent application if this is not all removed by Friday.

Can I clarify anything for you?

Please do not forget to rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes

FES

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice