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Author Topic: Image rights  (Read 2251 times)
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dannels
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« 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


* Screen Shot 2016-01-25 at 13.00.54.png (1235.03 KB, 2168x1174 - viewed 130 times.)
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Neil
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« Reply #1 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.
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Neil   
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« Reply #2 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


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Jay
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« Reply #3 on: 25 January, 2016, 01:17:15 PM »

Hi Dave

Itís 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Also their values seem a bit out of date.     
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Julian Wood, Kingston, London
dannels
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« Reply #4 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'

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Jay
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« Reply #5 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.     
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Julian Wood, Kingston, London
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« Reply #6 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.
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SanRemo78
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« Reply #7 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

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« Reply #8 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.
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« Reply #9 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 Smiley .... 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 )
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« Reply #10 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.
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dannels
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« Reply #11 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.
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« Reply #12 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.........
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« Reply #13 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
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