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Unauthorised use of my photo

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a_raj View Drop Down

Joined: 25/September/2013
Location: Australia
Posts: 5
  Quote a_raj Quote  Post ReplyReply Direct Link To This Post Topic: Unauthorised use of my photo
    Posted: 28/October/2016 at 18:20

I used to work as a volunteer in a local community organisation where some one took my photo with another person - no problem here, I was happy to have such photos taken. The occasion was Volunteers day and I was awarding certificates to the outstanding volunteers. I had assumed that the photos were meant for internal use only and for the volunteers personal collection.

The organisation has gone ahead and now are using one of the photos for promoting some new initiative. They took no consent from me. Their privacy policy does not cover this issue.

What are my rights? In the informal talks with one manager, an offer to settle the issue on commercial basis was mentioned but I dont know what value to put on the photo - I am very ordinary bloke with no claim to fame but a very strong desire to protect my privacy.

I do want to make it punitive to them since they dont seem to understand any other language.

rambler1 View Drop Down
Legal Guru
Legal Guru

Joined: 01/May/2006
Location: Australia
Posts: 1918
  Quote rambler1 Quote  Post ReplyReply Direct Link To This Post Posted: 31/October/2016 at 19:28
You cannot make anything punitive. if you have suffered genuine loss the you may be compensated for it, under tort law, but it looks like you have no loss, simply the use of your photo which you have given implied consent, to be used at the time; you did not state at the time that you only wanted the photo, to be used for specified purposes. Now you are saying you only wanted it used or certain purposes undisclosed to the photo taker.

Anyway it does not matter as there is no statute for right of privacy in Australia, so there is only an implied right if you have suffered some damage which you haven't.

anyway, you have given implied consent; that also brings in the fair use principle, so they have no obligation to give you anything. If they are offering you something then take it; otherwise you have no case against them, IMHO you can request that they not use your photo and take down any advertising with it on i.e. a cease and desist request.

BTW breach of your privacy is dependant on whether your privacy is breached in some way that is harmful to you , publishing a photo of a person is not deemed harmful to that person if it is simply used as a promotion; unless its offensive or illegal or you are a celebrity and its some kind breach of copyright.

Edited by rambler1 - 31/October/2016 at 19:52
Luke 11 46: Woe unto you also, ye lawyers! For you load men with burdens that are difficult to carry, and you yourselves won't even lift one finger to help carry those burdens.

a_raj View Drop Down

Joined: 25/September/2013
Location: Australia
Posts: 5
  Quote a_raj Quote  Post ReplyReply Direct Link To This Post Posted: 01/November/2016 at 06:26
Thank you very much, this is a great help.

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