Advertising!! I need help...

[KR's Post]

Right lads and lassies... As some of you know, i'm the person who was on page 3 of The Mirror, page 1 of The Sun ,page 5 of The Metro and the BBC website with a look that said it all when Ireland failed to beat the Swiss, thus, failing to qualify for the world cup. Lately though i've seen my face in advertisements on the net.

One is a betting organisation called OddCheckers. They are advertising on TeamTalk.ie(sorry if i am promoting another website) with a phrase beside my caption saying[Quote] ''He just found out he could have got 5/1 on the First Goalscorer''[End Qoute]

This is in a rectangular box at the top of the screen every so often! Would i be entitled to anything from this and who should i contact in regards this???

Your help would be much appreciated! Thanks

[paul_oshea]

tarzan show me the pics of ye will ye?

ur famous!! enjoy it.

[KR's Post]

tarzan show me the pics of ye will ye?

ur famous!! enjoy it.

Here it is here... Look at the blue bit of advertising at the top of the page...
http://www.teamtalk.com/teamtalk/News/Story_Listing/0,,982,00.html

[EDIT] It keeps coming here and there!!!

[paul_oshea]

i cant see it all i can see is wireless broadband advertisments.

[KR's Post]

i cant see it all i can see is wireless broadband advertisments.

Click different teams. Say Luton for example and at top of page advertisements come on.... One of em is bound to be me!

[dahamsta]

tarzan1, if you tell them that they're using your image without your permission, they'll almost certainly stop. However if you consult a solicitor, it's possible you may be able to sue them for doing it, and taking a small (tiny) fee per each ad displayed. Obviously it would be unlikely to go this far, but you might get a settlement out of it.

Do consult a solicitor before threatening this though, because the rules about what can be done with images taken in a public place are not straightforward.

Oh, and try and find out who took the photo. He could be being screwed too, or you may be able to screw him.

Let us know how you got on.

aam

[KR's Post]

tarzan1, if you tell them that they're using your image without your permission, they'll almost certainly stop. However if you consult a solicitor, it's possible you may be able to sue them for doing it, and taking a small (tiny) fee per each ad displayed. Obviously it would be unlikely to go this far, but you might get a settlement out of it.

Do consult a solicitor before threatening this though, because the rules about what can be done with images taken in a public place are not straightforward.

Oh, and try and find out who took the photo. He could be being screwed too, or you may be able to screw him.

Let us know how you got on.

aam

Cheers Ken! Appreciate that... I'll do that alright.

[sligoman]

aamaam? You've changed your real name aswell now ha?:confused: :D.

[klein4]

I think the tickets might say something about use of image on the back of em.
The photo agencies pay for the right to be there and take images. how they use them is up to them no?

[dahamsta]

The terms and conditions on the back of tickets should always be taken with a pinch of salt. The law trumps contracts every time, and although use of someone's image would most likely be a civil issue, I'm pretty sure it would still trump the "contract" you're railroaded into when you buy a ticket. At the very least, you could challenge it by saying that you weren't aware of the terms and conditions on the back of the ticket, and since no-one drew your attention to it in anyway, they don't apply.

People give too much credence to them imho. A piece of paper with "by accepting this piece of paper you agree to hand over your first-born child immediately" is almost the same thing, the only difference is the level of applicability. A ticket with tiny print that isn't drawn attention to on purpose isn't far off that level of applicability.

Is applicability a word? :)

adam

[klein4]

yeah but sure how many images appear of fans the day after to sell papers?
does everyone get a cut of them?
Maybe he would win if he went the legal route but how much actual cash do you think he is due???????? minimal I would say.
his best bet would be to look for the name of guy or agency who took photo and ask for a copy of it. get it framed and hang it on his wall to show to anyone who comes into his gaff. they are usually nice guys and very accomadating. I wouldnt begrudge the photographer a few quid they work shockin hours for relatively little money.

[KR's Post]

yeah but sure how many images appear of fans the day after to sell papers?
does everyone get a cut of them?
Maybe he would win if he went the legal route but how much actual cash do you think he is due???????? minimal I would say.
his best bet would be to look for the name of guy or agency who took photo and ask for a copy of it. get it framed and hang it on his wall to show to anyone who comes into his gaff. they are usually nice guys and very accomadating. I wouldnt begrudge the photographer a few quid they work shockin hours for relatively little money.

No No it's the betting company i'm concerned about! Not the guy who took the photo!!! The betting company are using my image to advertise their company....

[klein4]

ah I know....but the photographer or agency more than likely sold the image to them....I said it to a mate of mine who is a photographer and covers ireland games and that was his take on it. dont get me wrong I'm not sayin you are wrong just wonder if any effort on your part would be comensurate to any rewards..

[dcfcsteve]

No No it's the betting company i'm concerned about! Not the guy who took the photo!!! The betting company are using my image to advertise their company....

Tarzan - I'm no lawyer, but I'd say you're onto a loser here, for a numebr of reasons.

Firstly - your image rights aren't legally protected. Stars like David Beckham, Robbie Williams have expressly protected their image rights, to prevent organisations trading on and/or making profit from them. You don't.

Secondly, you were photographed in a crowd at a public event. And as your image rights aren't protected, this makes you much more fair game than, for example, a staged photo shoot.

Thirdly, and this is probably the key bit here, you would need to prove that the company's concerned had been profiting directly from the use of your image. If they used an image of Beckham to provide credibility, applied endorsement for their site etc without his permission, for example, they'd be fecked. But using an unknown 'fan' from a crowd like yourself in a generic ad will have no proveable direct impact upon their profits. Unless it's such a phenomenal picture of you that it's caused a massive increase in their awareness/usage levels. I can't see any ads on that site you posted, but unless the image is up there with the likes of that tennis bird scratching her arse, then you're unlikely to have registered any direct impact upon their profits.

If you expressly asked these organisations to stoip using your image, and they refused to, then that would open a whole new legal issue. Until you do so, however, the above would apply.

So I'd say you're onto a loser here Tarzan, and speaking openly I find it a bit mercenary that you're trying to cash in on it. Touch of the 'compensation culture' about you (do you go splashing water onto floors in Supermac....? :) ) ! As someone else posted, just enjoy the fame......

P.S. Unless you're genuiinely bothered by the use of your photo, I'd suggest politely approaching the companies, telling them that's you, and seeing if you can blag anythign free form them in return !

[pete]

Whatever about compensation i think if you tell them to stop using your image to promote their product (you could have mny reasons for wanting this) they are legally obliged to do so.

This is no different than being used on the front of slim fast tin.

[dcfcsteve]

This is no different than being used on the front of slim fast tin.

I haven't got the time or energy to go into it now, but it is massively different to use someone's image on your packaging, rather than just featuring an 'anonymous' image in a short-term ad. Massively different.

An image on packaging would have a much more demonstrable impact upon sales, and is much clearer an endorsement - particularly if the image in the ad doesn't associate a positive product message directly with you (e.g. Ireland fan Tarzan says 'Go use our products').

Advertising has been people's images without their express permission in short-term ads for years. Anyone remember 'Comical Ali' on the Ryanair ads a few years back ?

[pedro]

this happened to me a few years back when specsavers somehow got a pic of me and stuck 6 foot high posters up in their windows!! i was in art college when the pic was taken and i think 1 of the lads from the graphic design course got hold of it and did the add for specsavers. didnt know what to do about it so i just left it.
anyway the the pic was of me in a suprised state, and they had given me a tan all over my face but u cud see the white bits where my shades would have been, they were advertising for some uv raybans that let u tan under the glasses or something. this all happened in 1999 , any1 who knows anything about it cud u post a reply with details?
cheers

[KK77]

Right lads and lassies... As some of you know, i'm the person who was on page 3 of The Mirror, page 1 of The Sun ,page 5 of The Metro and the BBC website with a look that said it all when Ireland failed to beat the Swiss, thus, failing to qualify for the world cup. Lately though i've seen my face in advertisements on the net.

One is a betting organisation called OddCheckers. They are advertising on TeamTalk.ie(sorry if i am promoting another website) with a phrase beside my caption saying[Quote] ''He just found out he could have got 5/1 on the First Goalscorer''[End Qoute]

This is in a rectangular box at the top of the screen every so often! Would i be entitled to anything from this and who should i contact in regards this???

Your help would be much appreciated! Thanks

It's not worth the hassle it will prob cost you more in solicitor's fees for what little you'd get out of it surely your not that desparate for money. Sure if all fans were to try and do what you want to do when they are pictured at a game!!!! Be happy your picture was in it as it was a good one though i suppose you are seeing the pound signs!!!!!!

[anto eile]

seen it. will be interesting to find where you stand on this issue

[Dr.Nightdub]

I could be wrong here, but afaik, the rights to an image rest with whoever created the image, not the subject of that image. Look at all the do-not-infringe-copyright warnings on sites like Sportsfile or www.worth1000.com -OK, the Beckhams and so on of the world are obviously an exception, but in this case, I'd say they're the exceptions that PROVE the rule.

For example, a few years ago, a coffee-table book came out called something like "A Day In The Life." One of the photos in it was of a bunch of punks and a little old lady wheeling a shopping trolley. The company I worked for at the time paid usage rights to the photographer to use this photo in an ad. A couple of days after the billboards appeared, one of the punks was on to see whether he had any money coming to him for it. As we'd paid the photographer usage rights, your man hadn't a leg to stand on.

Photos of people used on packaging (or advertising) are generally shot for that specific purpose and the models involved (be they professionals or "real women" like in the Nivea ads) get paid "buy-outs" for that photo to be used for very specific purposes in very specific countries. You can buy usage rights to library images for the same purpose, but the same restrictions apply regarding what for and where the image is used.

Tarzan, if you want to make a few bob out of the photo, the only way I'd say it'll happen is for you to appeal to the photographer's better nature - suggest that he might like to share the proceeds from the photo (if any) a wee bit.