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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Do I have a case here? Copyright/ Use of image

17 replies

MrsFionaCharming · 02/03/2018 21:51

Do and I are both in a cycling club. A while ago the club wanted to make a promo video and asked members to submit footage of themselves cycling.

DP submitted some headcam footage he’d taken of me.

This was used in the promo video, which we were fine with.

I’ve now found this footage on the website / portfolio of a guy from the club who helped to edit the video. This guy is a total dick and bully, and I don’t like that he’s possibly profiting from DPs video / my image.

Is there any legal reason for him to have to take it down? We did submit the footage, but not for this purpose.

OP posts:

IllustriouslyIllogical · 02/03/2018 21:54

If the video is in his portfolio I[m not sure that you can without getting it taken out of the video too.

Careful that you don't end up coming across as a dick too though - is it worth it?

Original poster

MrsFionaCharming · 02/03/2018 22:03

The whole promo video isn’t in his portfolio, just the clip we submitted.

Yeah, I don’t want to look petty, but after the way he treated me I’m really pissed off he thinks this is ok!

OP posts:

Anythingforacatslife · 02/03/2018 22:08

Yes you can ask for it to be removed as you own it, not him. If he had recorded it and was using it for commercial purposes then he would also need permission. The only way he doesn’t need permission is if he recorded it himself and was using it for non-commercial purposes.

Original poster

MrsFionaCharming · 03/03/2018 00:45

Well DP emailed him (just referencing the copyright issue, not the use of my image one) and asked him to take it down, he sent back 4 replies, each with a different excuse why he doesn’t have to. Some of them are total rubbish, but others may be true, and since we’re not actually going to take this to court, we can’t do much now he’s refused.

OP posts:

Avasarala · 03/03/2018 00:51

You could have a lawyer send a cease and desist letter, but if you're not going to follow through the it wouldn't mean much. He may also have a defense; you submitted the video to the club and with that submission, you have the club permission to use it in their advertising/possibly gave the club ownership. They have then hired a video editor and usually in their terms and conditions, they woukd state that they can use the work they produce in their portfolio to show to other potential clients - that's all he is doing.

Mij · 03/03/2018 00:51

Well yes, he's wrong and you're right I less you expressly gave permission (as PP says whoever took the images owns the copyright by default) but unless you're willing to find a friendly solicitor to write a letter you're stuck. Could the club put any peer pressure on him?

greenlanes · 03/03/2018 01:20

Do look at GDPR and use of your images. Images are personal data and you are identifiable from that image. Group shots are possibly exempt. But you have. To have a legal basis for processing personal data. For this I would expect consent to be the basis and he doesn't have that. You gave your consent to the club. I would contact the chair of the club and make it clear that your consent was to help the club and the club only.

The ico site has all you need to know about gdpr.

greenlanes · 03/03/2018 01:22

If you don't get anywhere with the club just withdraw consent.

Do this after 25th may 2018 and the club will have to let anyone that they shared your image with know. Quite a palava.

ReanimatedSGB · 03/03/2018 01:24

Just put it out of your mind. There is no way you can take legal action without looking like a petty little twat. You gave the footage to the club; the club passed on the footage to him to edit, he's used it to showcase his editing skills, not just to annoy you.

StaplesCorner · 03/03/2018 01:26

Have a look at the Advertising Standard Authority website they cover online advertising/websites, and it used to be the case that if you were recognisable in a photo used in an advert, you either had to give permission or it had to be removed. Good place to start anyway. Oh and I think greenlanes is on to something there too.

manilaIce · 03/03/2018 01:27

"They have then hired a video editor and usually in their terms and conditions, they woukd state that they can use the work they produce in their portfolio to show to other potential clients"

Absolutely this.

PyongyangKipperbang · 03/03/2018 01:41

But it doesnt sound like there has been an official contracted arrangement, more that it has been done on a nod and wink by this guy as a favour to the club he belongs to.

I would send a solicitors letter, it will usually do the trick when someone knows they are bluffing. If it doesnt you could self represent in court. I cannot stand bullies, the only way to deal with them is to keep pushing back.

NerdyBird · 03/03/2018 09:46

I work in this area. If your DP took the footage it belongs to him. If he sent it to the club to use they should not be allowing anyone (even the person who edited it) to re-use it UNLESS the DP signed an agreement to this effect.
Loads of people don't know much about copyright but just go ahead and do stuff.

Original poster

MrsFionaCharming · 03/03/2018 12:04

I know it’s petty, but I think he has done it specifically to upset me. Loads of footage was submitted, so why only use our clip on his website?

One example of the type of twat he is: A while ago he was in charge of booking a trip, we all signed up, he bought the tickets using group discount, then asked for us to pay him. When I paid him, he refunded me, and told me he’d accidentally bought one less ticket than was needed, so I’d have to buy my own on the day (at full price, and risk the event being full). I wasn’t the last to sign up or anything, he just didn’t like me so decided not to let me go.

But I don’t know any solicitors, and it’s certianly not worth spending money on, so I’m just going to have to let it go.

OP posts:

ReanimatedSGB · 03/03/2018 12:28

TBH it;s unfortunate you didn't ask before sending him a waily email. If it is as you suspect - that he did it to annoy you - you'd have been better off completely ignoring it rather than letting him know he had succeeded.
Presumably the footage of you is not laughably unflattering, or you/DP would not have sent it in to the club for promo use in the first place. Just put it behind you.

TheBrilliantMistake · 03/03/2018 12:41

if you took the video of your own accord (not hired to) then you own the copyright to it.
When the club asked you to submit any footage, you need to make sure they did not have any smallprint granting them a transfer of copyright to them or a license to use the video as they see fit. If they did, you would struggle to challenge it (there are still grounds to argue against it, but difficult ones).

If they did not have any such smallprint, the copyright remains yours. Someone CAN use it for educational purposes or as part of a montage which becomes a different piece of work... but even then, you could challenge it in court.

If he is simply reusing your video on his site, then you are perfectly entitled to request it to be taken down. A solicitor can write you a letter for about 80.00, but that might be a lot of money for some people. You can also get in touch with his website hosting company and inform them of the copyright breach. Use internet WHOIS to obtain details of his website.

falsepriest · 03/03/2018 12:45

Probably. Possibly not. What a hassle though.

Guy's a dick, just block him out your lives/thoughts.

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