Images of DH for sale on internet

[SuisseRomandeMaman]

I have just found out that images of DH are available to purchase on the internet through a stock image company. There are 11 of them in total. They were taken at a sports event, some of them whilst he was competing and some whilst he was resting inbetween races. Some of these images include DH shirtless and sweaty and the search tags that the stock image company have used include muscular man, shirtless man. So basically anybody who want to buy a picture of a semi naked man can type in right key words and a picture of DH pops up for them to buy.

I am fuming.

Is this legal? We had no idea this was going on until a friend made us aware. I appreciate that he is photographed whilst competing but whilst he is resting, without clothing is very very intrusive. DH had no idea anyone was watching, let alone taking photos to sell on the internet.

DH has a job in a senior position, board level, and i am sure his employers would be furious if they found out about these pictures.

Where do we stand? I have yet to contact the company selling them. Thanks.

How shocking That is a very intrusive thing to discover. I don't have any decent advise I'm afraid but I wanted to suggest that you look through the rules or guidelines about the events if you still have them, to see if it says anything about rights to photos etc etc. Although even if he did unwittingly 'sign away' his right to his image, I would still kick up a fuss somehow, as this seems to go well beyond what you might imagine your image might be used for in this kind of context (eg. promotional leaflet, web gallery of the event etc). hope you sort this out, all the best.

IIRC stock images of recognisable people should have a signed model release form. Contact the stock company. They will remove them if this isn't the case.

So I would start in two places

1. did he sign away any rights to photographs as part of joining the sporting event. It's likely. But if you check any terms and conditions you at least know where you stand. Check if there was an official photographer for the event and is it the same company (or is it different photographer taking advantage of the event?). Are use of images restricted to activity aligned to the event or for any use?
2. contact the supplier you may (regardless of the above) be able to appeal to their better nature. But my starting point would be 'how can we work this out' not 'this is an outrage'

If option 2 doesn't work then you may need to instruct legal support but a lot of what happens would depend on the agreement with your DH and between the photographer and the event organizer. It's hard to second guess what could be done without the details

Link?

The event was over a year ago but i can contact them to find out whether DH would have been required to sign something as a competitor. Thanks.

The images are for anyone to purchase. So if a magazine or newspaper wanted a stock photo they could purchase it. The photos without his kit on give no suggestion as to the sporting event what so ever. In one the background is photoshopped out so it looks like it was taken in a studio when it wasn't.

Contrary to the comments above people in the UK do NOT own their image. UK law has no protection for image rights.

If the photos were taken in a situation in which he had a reasonable expectation of privacy he has cause for action. However, it sounds like they weren't unless, of course, he was in the changing rooms at the time.

He doesn't own his image so legally the photographer can do whatever they want with the image. It would be unusual for a company selling stock images to accept photos of an individual without a model release form but there is no legal requirement for one.

It is likely the stock image supplier will remove the photos if your DH complains. But it is not immediately obvious that they are doing anything illegal.

I was going to say exactly what prh47said.

He has no "right" to his image, but the company will probably remove it if he asks.

Thanks. Have written a strongly worded letter pleading for them to take the pics down. The company is US based, so hoping they will be compliant.

A Polite letter would have done! If they're not minded to remove it just because you've asked, being stroppy won't help