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Title: Image rights Post by: dannels on 25 January, 2016, 01:04:23 PM Hi All - Seems Hagerty Insurance are using an image of me in my car on their site.
https://www.hagertyinsurance.co.uk/price-guide/1960-Lancia-Flaminia I'm not insured with them, nor did they ask me... Whilst I don't believe they aren't breaking any laws by doing this - it doesn't feel right - particularly with my 8 year old in picture too. Thoughts? Dave Title: Re: Image rights Post by: Neil on 25 January, 2016, 01:10:44 PM Not very sporting if they did not ask you in advance, who took the photograph is that known as they would have the copyright.
Title: Re: Image rights Post by: Parisien on 25 January, 2016, 01:16:19 PM In a public place? Are they using your car/image to promote for their gain, a business or something you dis-agree with or object to? Am sure someone with a legal back ground can give us some non-binding/attributable guidance
P Title: Re: Image rights Post by: Jay on 25 January, 2016, 01:17:15 PM Hi Dave
It’s the photographers IP, however as the subject belongs to you and could be deemed fairly unique and especially that it also includes a minor, you can ask both the photographer and Hagerty to remove the image and as well as not to use it commercially, in any sense. Also their values seem a bit out of date. Title: Re: Image rights Post by: dannels on 25 January, 2016, 01:37:40 PM Yes it was in a public place - no idea who took the picture - presumably Hagerty. Had a quick chat with a lawyer at work - who confirmed nothing illegal under UK law even if it is being used commercially
As Neil said - just not very 'sporting' Title: Re: Image rights Post by: Jay on 25 January, 2016, 01:43:43 PM If you complained and especially as it has a minor, they would be oblige to take it down.
Title: Re: Image rights Post by: frankxhv773t on 25 January, 2016, 04:38:12 PM I would just contact them, point out it is your car with both you and your child in the image and ask them to remove it. I suspect they will oblige. Certainly I would take the courteous approach first before anything more heavy handed.
I know they didn't have the courtesy to ask before using the image but there's no harm in showing them what courtesy is. Title: Re: Image rights Post by: SanRemo78 on 25 January, 2016, 06:52:49 PM Or you could ask them for an additional discount on renewal, assuming they quote you lower than your existing insurer?
Once got an additional discount from Longstone Tyres as they used a pic of my car without asking nicely. Or at all. Not that I'd have objected. Probably. http://www.longstonetyres.co.uk/page/lancia-stratos Guy Title: Re: Image rights Post by: GG on 25 January, 2016, 09:46:01 PM Hagerty in the US are pretty good folks. I would guess if you ask them, they'll remove it. If you need a US contact, could probably find one for you at the home office.
Title: Re: Image rights Post by: sparehead3 on 25 January, 2016, 09:57:22 PM If you search google images then this picture will come up and I can also see Guy's car searching for stratos images. Don't mention mine it's all over the place :) .... I think that if you take a car our and go to a show the chances are someone will photograph it and it will end up on the web somewhere.
I'm sure in this case they'd remove the picture or just ask for the registration to be blanked out. Of course, by uploading a copy onto this forum then the image is here too and this is a public searchable area .... ( just thought I'd point this out ) Title: Re: Image rights Post by: frankxhv773t on 26 January, 2016, 09:24:12 AM I suspect any of our cars that go out to shows will feature on the internet. If you Google Y10 images my car features twice on the top row.
Title: Re: Image rights Post by: dannels on 26 January, 2016, 09:25:22 AM It's more the principle that they are using it commercially and didn't ask permission. I would have happily let them use a picture of my car without us in it had they bothered to ask. I've asked them to remove it.
Title: Re: Image rights Post by: stanley sweet on 26 January, 2016, 10:57:38 AM I must say that if I'd been given this photo to use on a website I would have suggested to Haggerty's that we at least blank the number plate and would have asked if it was OK to use. Would only take a couple of minutes to retouch out your child too. But as you've found, there's not much that can be done about a photo taken in a publice place in the UK. Here in France there are much tougher laws on photos taken in public, despite the paparazzi bobbing about in boats a mile offshore etc.........
Title: Re: Image rights Post by: fay66 on 26 January, 2016, 11:08:55 AM I agree if used in an advert it would have been courtesy to ask for your permission, but what about if it's somewhere on facebook or anywhere else for that matter, would anyone have the same objections?
Also I can't see why having a child in the photo should make any difference, I'm afraid I dislike this PC world ( no pun intended) these days when everything to do with children is viewed as potentially harmful Brian 8227 8). |