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Photography law

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  1. #11

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    Your gf works there so you asking them to take it down might affect her professional relationship with the school too. Of course, Caucasians are poster boys or girls for anything that could be sold, including education which is for profit anyways, in these parts of the world. I find it hard to believe that you were completely oblivious to photos being taken of you with cameras hovering over your head. Personally, I wouldn't even care and move on.


  2. #12

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    Quote Originally Posted by Jaz Paul
    Your gf works there so you asking them to take it down might affect her professional relationship with the school too. Of course, Caucasians are poster boys or girls for anything that could be sold, including education which is for profit anyways, in these parts of the world. I find it hard to believe that you were completely oblivious to photos being taken of you with cameras hovering over your head. Personally, I wouldn't even care and move on.
    Isn't this the key question?

    Why make a fuss. There are 250 billion photos on facebook alone and I am sure there are many with the public strolling past who are referenced in anyway.

    Did the school make a reference to who you are? If not you are just some random on a website and you'll be glanced over by literally dozens of people who don't know you and wont care. Or are your image rights worth so much that....

  3. #13

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    Alright... I had a think about this, put myself in your shoes and I do understand your point of view... they are using your image for promotional purposes without your permission. In retrospect, I agree with you that it's at least annoying.

    This was your OP: So I want to know my rights.

    A quick Google shows that you would, in fact, be protected in other jurisdictions... In the U.S. this is known as 'Personality Rights'...

    So, a quick Google, <personality rights Hong Kong> came up with this:

    Angela Wang & Co - Hong Kong - Solicitors, Agents for Trademarks & Patents

    and this:

    https://en.wikipedia.org/wiki/Person...ghts#Hong_Kong

    In conclusion... I probably understand your point; If someone is using your image for promotional purposes, they should at least get your consent and perhaps even pay you. I get that now. Even if it's not about money, you might not want to be associated with that brand! You might not like the idea that you will be perceived as endorsing them in perpetuity... you might work for a competitor later.. so I get it.

    But, it seems that you have no protection in HK, and that really doesn't surprise me. So while I empathise, my advice remains the same, that is, to move on.


  4. #14

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    Tang Lin-ling is in trouble for taking photos where they are banned. Who is this lady?


  5. #15

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    In the end your GF is gonna get some slack because of it and then mistreated then she'll be looking for another job then upset at you. So in that regard, I'd like it go.

    If someone was taking your photo, why didn't you block your face? Especially if it's full view.

    What is your legal status here, having that photo also seems like you were "working" whether paid or unpaid, do you have the right to work for any employer.

    You are simply talking to the wrong person. This would be very easy to settle amongst a variety of arguments. Man up and be firm. In fact if they are using your face to gain business, easy lawsuit that you'll win but you'd have to quantify their gains.


  6. #16

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    From Trevor
    I am not familiar with HK law but much of it follows British law and under British law you have no rights because photographs are not covered by personal privacy rights. There are data privacy rights, privacy acts that govern what companies can collect about say your financial information or health information. But there's no right to say 'This is my privacy, do not take a photo of me'.

    There are two distinct situations, one regarding public space/place and the other regarding private property.

    It is legal to take a photograph of anyone in a public space: there are no laws that prohibit such activity (unless trespass is involved), and the subject has no jurisdiction over the act by claiming the right to state that: This is my privacy, you cannot take a photo of me. In the case of someone on the street taking a photograph, as long as they're not physically trespassing on your land (or someone elses land who objects to their presence), there's not really any law that would come into play there to prevent that.

    In private, non-public spaces/places, the owner (in this case the lessee) has the right to set conditions under which photographs maybe taken, or not. For example, at the Saturday gym class my grand-daughters attend in England, no photographs are allowed to be taken of the children inside the building. But if the owner approves someone to take photos then that is legal, and the images will belong to the photographer or, if taken at the direction of another party, by that agency (in this case the school) under copyright law. Copyright is outside your legal jurisdiction, the subject (you) has no legal rights to the contrary, and the photographer has the right to publish their photos wherever they like (pornographic images and child exploitation images excepted). There is very little that can be done to stop photographs being taken where no-one is compromised in this way.

    Ethical considerations come into the frame however, depending upon the use to which photographs are put. Legal considerations may come into play usually and only if your image is used without your permission for commercial gain by a third party, or if you are in some way defamed.

    In this case it would appear to be a concern ethically, and one would suppose that a private school would want to avoid adverse publicity by posting photos of people against their will, even if those photos were taken on their premises under an approved arrangement with the photographer.

    I would write politely (not angrily) direct to the principal copied to the Chairman of the Board, expressing your concern, noting disappointment/dismay at the attitude of the manager, stating that you assume that the school would want to avoid adverse publicity by retaining the photo on their web site against your wishes, and request that they take it down. You could acknowledge that there is no legal impediment to the school keeping it on their web site but that ethically it is questionable given your objection and as such probably not in line with the schools standards of honour.

    shri likes this.

  7. #17

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    I am not familiar with HK law but much of it follows British law and under British law you have no rights because photographs are not covered by personal privacy rights. There are data privacy rights, privacy acts that govern what companies can collect about say your financial information or health information. But there's no right to say 'This is my privacy, do not take a photo of me'.
    There are two distinct situations, one regarding public space/place and the other regarding private property.
    It is legal to take a photograph of anyone in a public space: there are no laws that prohibit such activity (unless trespass is involved), and the subject has no jurisdiction over the act by claiming the right to state that: This is my privacy, you cannot take a photo of me. In the case of someone on the street taking a photograph, as long as they're not physically trespassing on your land (or someone elses land who objects to their presence), there's not really any law that would come into play there to prevent that.
    In private, non-public spaces/places, the owner (in this case the lessee) has the right to set conditions under which photographs maybe taken. For example, at the Saturday gym class my grand-daughters attend in England, no photographs are allowed to be taken of the children inside the building. But if the owner approves someone to take photos then that is legal, and the images will belong to the photographer or, if taken at the direction of another party, by that agency (in this case the school) under copyright law. Copyright is outside your legal jurisdiction, the subject (you) has no legal rights to the contrary, and the photographer has the right to publish their photos wherever they like (pornographic images and child exploitation images excepted). There is very little that can be done to stop photographs being taken where no-one is compromised in this way.
    Ethical considerations come into the frame however, depending upon the use to which photographs are put. Legal considerations may come into play usually and only if your image is used without your permission for commercial gain by a third party, or if you are in some way defamed.
    In this case it would appear to be a concern ethically, and one would suppose that a private school would want to avoid adverse publicity by posting photos of people against their will, even if those photos were taken on their premises under an approved arrangement with the photographer.
    I would write politely (not angrily) direct to the principal and the Chairman of the School Board expressing your concerns, noting that you are dismayed/disappointed at the attitude of the manager, stating that you assume that the school would want to avoid adverse publicity by retaining the photo on their web site against your wishes, and request that they take it down. You could acknowledge that there is no legal impediment to the school keeping it on their web site but that ethically it is questionable given your objection and as such probably not in line with the schools standards of honour.

    TheBrit likes this.

  8. #18

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    Quote Originally Posted by lou22
    So I want to know my rights.
    I went to a friend's school for a 1 day work experience and a photographer was taking photos of the children. I didn't realise I was having my photo taken with a child playing next to me. They've now taken the photo and put it up on the school website, without my permission, I've requested that it get taken down but they've hit me back with its on private property so they own the rights to post it however they want.

    What legal advice can I get? Or way to have this photo taken down?
    I'm sorry to be the one to tell you this. Given the above evidence, I have to inform you that unfortunately...there's really no easy way to say this so I'll just spit it out...





    You are white.

  9. #19

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    Oops - that was redundant. I saw MandM started posting so I stopped reading before the OP revealed his saleable skin hue. My bad.


  10. #20

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    Quote Originally Posted by lou22
    So I want to know my rights.
    I went to a friend's school for a 1 day work experience and a photographer was taking photos of the children. I didn't realise I was having my photo taken with a child playing next to me. They've now taken the photo and put it up on the school website, without my permission, I've requested that it get taken down but they've hit me back with its on private property so they own the rights to post it however they want.

    What legal advice can I get? Or way to have this photo taken down?
    Seriously? Get over yourself.

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