bilko1 Posted May 9, 2012 Share #1 Posted May 9, 2012 Is it legal for my employer to post my photo in a public place, without my concent? Link to comment Share on other sites More sharing options...
Dave77459 Posted May 9, 2012 Share #2 Posted May 9, 2012 Do you mean, a photo of your likeness, or a photograph that you took? I think the answer to the second question is no, unless you took it in your capacity as an employee. If it is a photo of you, I suspect it depends. Can you provide more information? Dave Link to comment Share on other sites More sharing options...
Venturous Randy Posted May 9, 2012 Share #3 Posted May 9, 2012 OK, where is Paul Harvey when you need him? RandyA Link to comment Share on other sites More sharing options...
bilko1 Posted May 9, 2012 Author Share #4 Posted May 9, 2012 I am employed by the city as a mec a nec in the transit system. This morning we were informed that all the employes were going to have to have photos taken.At that time we (all employeys on duty at the time)were made to be photographed. Some ageanst there wishes. They are going to be displayed in the downtown bus depot on one of the walls. This is something that I do not want. Link to comment Share on other sites More sharing options...
KIC Posted May 9, 2012 Share #5 Posted May 9, 2012 I would voice your concern with the HR Dept. Then if that doesn't work, a black magic marker will draw a nice mustache and beard over the picture... Link to comment Share on other sites More sharing options...
DragonRider Posted May 9, 2012 Share #6 Posted May 9, 2012 If they were to post it at your place of employment, I dont think there is much you can do, but for them to post it in a public place, I would think they would need a release signed by you. That my worth. Link to comment Share on other sites More sharing options...
Dave77459 Posted May 9, 2012 Share #7 Posted May 9, 2012 It's an interesting situation, to be sure. You can photograph people on public property without needing a model release. You cannot display the photos for profit without a model release. I'm not sure how the transit system is considered... is it a public agency? Is displaying the photos part of a marketing scheme, and thus "for profit"? Or is it a news/editorial use? This seems kind of novel to me. Do you have an employment contract? Is permission to use your likeness incorporated in the contract? No? Are you in a union? What would they say? I think that if I were opposed, I would have grimaced or frowned, so as to make the image unsuitable for a marketing purpose. I definitely think that reaching out to HR is warranted. Or, if unionized, your representative. Or both. Link to comment Share on other sites More sharing options...
Flyinfool Posted May 9, 2012 Share #8 Posted May 9, 2012 It's an interesting situation, to be sure. You can photograph people on public property without needing a model release. You cannot display the photos for profit without a model release. I'm not sure how the transit system is considered... is it a public agency? Is displaying the photos part of a marketing scheme, and thus "for profit"? Or is it a news/editorial use? This seems kind of novel to me. Do you have an employment contract? Is permission to use your likeness incorporated in the contract? No? Are you in a union? What would they say? I think that if I were opposed, I would have grimaced or frowned, so as to make the image unsuitable for a marketing purpose. I definitely think that reaching out to HR is warranted. Or, if unionized, your representative. Or both. What Dave said. My employer wanted to take my pic for publicity and I strongly expressed that I did not wish it. None of the pics turned out usable. I aint pretty to begin with, but when I want to, I can be real nonphotogenic. Link to comment Share on other sites More sharing options...
bilko1 Posted May 9, 2012 Author Share #9 Posted May 9, 2012 Arkansas is a right to work state. That means NO UNIONS. (Also means that you can be let go for no reasion.) It is a city agency. The photos will be displayed in a Very public place. It will be only Transit employes, no other city employes will be included. No other city employes photos are displayed in this way anywhere else in town that I know of. Link to comment Share on other sites More sharing options...
Trader Posted May 9, 2012 Share #10 Posted May 9, 2012 So where is it that you are wanted? Why else would you be concerned? Or are you just shy? Link to comment Share on other sites More sharing options...
Yammer Dan Posted May 9, 2012 Share #11 Posted May 9, 2012 I didn't want mine in the Post Office..... Link to comment Share on other sites More sharing options...
Snaggletooth Posted May 9, 2012 Share #12 Posted May 9, 2012 (edited) I used to do photography for companies in the trucking industry. I had many that were displayed in the company offices for the vanity walls but there were some that were published in national magazines. If they displayed them "on site" I and the employees had no issue with it. I had sold them the photo and gave them ownership of it. But.... If I provided any photo that was to be displayed in public for advertising, or to be published in mags I made dang sure I had signed model releases from EVERYONE that was shown in that that picture or they didn't get the image. Even stock photo sites I submited to had to have a model release submited with the photo for the files. Unless there is something in your company policy signed by you, that states they they have rights to publish any photo I would certainly question it if you don't want it displayed. Mike Edited May 9, 2012 by Snaggletooth Link to comment Share on other sites More sharing options...
flb_78 Posted May 9, 2012 Share #13 Posted May 9, 2012 Are they taking your photo to advertise "Hey! Look at all of our happy employees!!" or is it "These are our employees, if you see someone other than a person on this board in a Transit Auth. uniform, please report it immediately" Link to comment Share on other sites More sharing options...
MikeWa Posted May 9, 2012 Share #14 Posted May 9, 2012 I think they are within the law so long as they are not selling the photos, rights to the photos or use of the photos. This seems like one area where a union would be helpfull. Mike Link to comment Share on other sites More sharing options...
dacheedah Posted May 10, 2012 Share #15 Posted May 10, 2012 Join the world of the public employee. Your employer may post every employees pictures as a part of their quality assurance or complaint program. The public's right to proper service and assurance that employees follow safety regulations and policy outweighs your right to privacy. The public can find out how much you were compensated, how much ot you worked and what your benefits are worth. They can know how much you contribute to a public pension vs municipal contribution or what portion of your pay comes from a grant... The line is drawn when they try to find out specific voluntary deductions, ie what health insurance program you chose or cancer insurance . . . You own the job ( so long as you provide the performance they require), they own the work product. If they aren't profiting from your likeness, and government doesn't make a profit, it probably just is. Out of curiosity did they tell you the purpose of the photo's were. Link to comment Share on other sites More sharing options...
Monty Posted May 10, 2012 Share #16 Posted May 10, 2012 Be glad it's just your photo. My employer (US Government) let a local newspaper publish my name, and my annual salary, for everyone to see. Part of a transparency law for government employees. Couldn't do anything to stop it. Link to comment Share on other sites More sharing options...
bongobobny Posted May 10, 2012 Share #17 Posted May 10, 2012 Oh Oh! Someone is in the witness protection program... Link to comment Share on other sites More sharing options...
BIG TOM Posted May 11, 2012 Share #18 Posted May 11, 2012 Oh Oh! Someone is in the witness protection program... Naw, that would make him a postal employee....oops, did I say that? Link to comment Share on other sites More sharing options...
bilko1 Posted May 13, 2012 Author Share #19 Posted May 13, 2012 Join the world of the public employee. Your employer may post every employees pictures as a part of their quality assurance or complaint program. The public's right to proper service and assurance that employees follow safety regulations and policy outweighs your right to privacy. The public can find out how much you were compensated, how much ot you worked and what your benefits are worth. They can know how much you contribute to a public pension vs municipal contribution or what portion of your pay comes from a grant... The line is drawn when they try to find out specific voluntary deductions, ie what health insurance program you chose or cancer insurance . . . You own the job ( so long as you provide the performance they require), they own the work product. If they aren't profiting from your likeness, and government doesn't make a profit, it probably just is. Out of curiosity did they tell you the purpose of the photo's were. In short. The answer was "The director said so." Link to comment Share on other sites More sharing options...
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