Online company promo video question

[kopper]

This is a strange one I admit but......

 

Back in mid 2010 I was working for a company called ( http://www.theprintspace.co.uk/online-framing-options.php) see video. In July of that year (after very difficult working conditions) I gave notice to quit.

In the weeks following , while still under contract I was told to help in the making of another promo, it was late in the production process that I was asked to change the company name from "The Print Space" to " London Picture Framing" (http://londonpictureframing.co.uk/ ). For a number of reasons I just wanted to get out of there with as little hassle as poss. So I did what I was told to say.

Anyway 3 years on I find that this footage has now found it's way onto The Printspaces sister site.

I have never been employed buy a company called London picture framing so I was wondering what I could do to have this video taken down or at least have my mug taken out of the video?

With my departure from the company could it also be argued that the reference to "20 years experience" like the video is misleading because it was only my status within the company could justify this statement. As I am still in the framing industry, could there be any other grounds for me to object to this video especially as there was never any release form or permission given by me for this second video nasty!

[stu007]

Hi kopper

 

What does your employment contract say about this?

 

Did you sign any disclaimer about the video/footage etc?

 

Who owns the 'Copyrights' of the video/Footage?

[kopper]

Thanks for replying,

 

I'll have a look and see if I can find the contract.... don't remember any reference to specific video duties,

I would have as I was once a pro photographer, so it would have rang a bell.

In answer to your other questions

I didn't sign any release form as I wrote in my original post.

I would imagine Printspace own the copyright.

 

I'll get back to you asap.

 

mark

[assisted blonde]

write and ask for it to be removed in the first instance

[kopper]

Thanks for your idea assisted blonde ,

 

I would guarantee that this will fall on stony ground but I will do that ....

meanwhile found the contract and apart from a section covering "other duties"

there's no mention of anything specific, Still I am certain a consent form would be

needed.

[assisted blonde]

worth a try might not be worth the hassle keeping it on there you never know

[steampowered]

It sounds like you gave your consent to be included in a video for The Print Space. You also say you gave permission to be in a video for London Picture Framing. I don't understand what the problem is. Am I right to think that you consented to being in the video and consented to the video being used by both companies?

 

Its possible that there might be some sort of Data Protection Act 1998 challenge here but would need more details.

[kopper]

It sounds like you gave your consent to be included in a video for The Print Space. You also say you gave permission to be in a video for London Picture Framing. I don't understand what the problem is. Am I right to think that you consented to being in the video and consented to the video being used by both companies?

 

Its possible that there might be some sort of Data Protection Act 1998 challenge here but would need more details.

 

 

Not sure I would say I gave my consent for the later, just stood there and spoke the scripted lines.

 

 

The contract

 

"5.3 You agree to perform all acts, duties and obligations which are reasonably consistent with your position and to comply with all lawful and reasonable orders given to you by us."

 

Could the three years between the making of the video and it being used be valid here? Especially as was not under contract at the time

of it being put online.

[assisted blonde]

Silly question has the video done you any actual harm? rather than just annoying you

[kopper]

Silly question has the video done you any actual harm? rather than just annoying you

 

My angle is of misrepresentation and weather

I have any right to privacy. I am now very active in promoting the company I work for now and see this as in direct conflict to this. I have been working at the top of my profession specialising in truely high end services in the fine art framing business. Seeing at first hand the lets say false statements contained in both videos it could be argued that this could be veiwed as damaging. I have never worked for london picture framing so contradicts

my position now and the company I manage.

[Emmzzi]

I'd say that reading out the script instead of, i dunno, NOT reading out the script, implies consent. Unless there's a gun visible in the shot?

[kopper]

All this apart and as I have stated above the situation was very tense. I handed in my notice because of

my opposition to what was represented online compared with what was really happening. There was no way I was going to jeopardise my final pay ( which in the end didn't materialise until I threatened legal action). With all due respect to the members who have replied and with thanks for their replies. If there is anyone who can give me solid legal advise I would be grateful.

[Emmzzi]

I think it's a copyright, not an employment law, question.

 

I also think you would have a very hard time arguing consent under duress with no evidence to support that.

 

So, what evidence do you have? Email threatening to sack you if you don't would be handy?

[Atlas01]

unless you had a restrictive covenant in your contract with them in your favour (which you won't have) or image rights in your contract (which you won't have) or intellectual property rights (which you .......) you have no case

 

You gave consent by taking part, if you want solid legal advice i'd try a solicitor who deals with one of the above as taking part is consent and the law is clear that consent must be gained but there is little on removing it (think about what would happen if you could pull consent and how this would effect things like films and TV etc)

 

I'd follow the advise of writing and asking, if that doesn't work you can throw a few hundred quid the way of a solicitor to write to them for you (if you have any claim at all which i seriously doubt)

[kopper]

Thanks Atlas01

I'll have a chat with local trading standards and the ASA.

but your reply is greatly appreciated.

[assisted blonde]

Just to clarify it is copyright law, designs copyright and patents act, very hard to get your head round do suggest you see a specialist lawyer but they are expensive and it may get dragged out. I deal with copyright ever day and I don't get it ha ha

[kopper]

Good question. I am looking at it as the same release that covers models, performing artists. I knew that as a young photographer years ago I could not publish a piece containing a person without a consent form signed buy the subject.

 

So similar to this situation a ( lets say for ease of explanation) model has their photo taken at a studio the photographer cannot publish the work without the models' signed consent, even though they have gone to the photographers studio and allowed the shots to be taken.