Ex employer using my image

[Ian_Moss]

Can anyone cast any legal advice on this issue.

I have noticed that my Ex employer has put their website back online, the website has my image portraying me as an employee.

Can I blankly stop them using my image, need to be clear before I have to right to them.

Many thanks in advance.

 

[avantime]

Not an expert but if the photo was taken of you during working hours then I don't think there's anything you can do.

Are you now in competition with your ex-employer - you may work it to your advantge!

 

[vvaannmmaann]

Try and keep it nice and polite.if you want your picture removed,ask him nicely to remove the picture.If that fails,then a solicitors letter may suffice.Have a look at the Data Protection Act,it may cover this.

 

cause they can' he is not an employee.

trade description PC the works.

Earl

 

[Ian_Moss]

Not an expert but if the photo was taken of you during working hours then I don't think there's anything you can do.

Are you now in competition with your ex-employer - you may work it to your advantge!

I am now in competition with my ex-employer, I can't see how that can be to MY advantage.

 

[avantime]

If prospective clients see you on his website they may wonder why when you are self employed. Is it a large picture where you can easily be identified? Makes an interesting talking point if you are questioned about it.

 

[Ian_Moss]

I'm in the studio section of this site http://www.ikon-design.com/

top right 'Ian Moss - Mac Geek'

there is also another ex-employee, under one of the circles (Andy)

 

[avantime]

Leaving your name there IS out of order! As is the portrait - I thought it may have been a general office shot.

Letter from solicitor would sort it I should think.

 

[Ian_Moss]

Thanks Guys

I'll be writing to them... should be fun!

 

[Graemem]

Surely if you have never said to him he can use a photo of you on the website then he has no right too? Even if you are an employee (assuming it wasn't part of the contract or something)?

 

[Ian_Moss]

The site was taken down at a client request (for using images without permission) - the food images, I placed a 'new site coming soon' message on the front page months before I left the company.

Now the site is back up live as it was originally designed.

 

[no118.co.uk]

Hi OP

As TheYellowDuckSales have said, being an employee of a company does not automatically allow employers to use your image on promotional material, unless it is either written in your terms of employment (which I think will not be) or you have signed a document giving permission for the image to be used.

One of the down side to hving your image on your competitor site is that future customers who know you may get confused as they may think they are dealing with your company.

Because the image is in a digital format, there may be a case to answer to breaches in the Data Protection Act. If you have CCTV, you should have registered with the appropiate authority. The DPA main area is connected with the use and storage of digital information. This could extend to digital photographs. Just a thought!!!

I have found a site that covers this topic. www.sirimo.co.uk/ukpr/ may be worth a visit.

All the best

The Dragons

 

[Ian_Moss]

I hope it can be sorted with a polite letter...

Polite request, to avoid confusion, both parties, conflict of interests, as I am no longer employed etc, etc

We didn't part on the best of terms...

 

[thebigIAM]

It's not so much that they've used your image, but that they are describing you as one of their employees when that it no longer the case.

I thought you meant in the context of a general office shot as well...

 

[Ian_Moss]

thanks for the advice guys, i'm on it!!!