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Written consent a must before using people's images in adverts

05 October 2009

A recent Advertising Standards Authority adjudication has confirmed that express written consent should always be obtained from individuals before using their image in advertising and promotional material.

The ruling makes clear this will include instances where the individual is an employee.

The case concerned a leaflet promoting security services that included an image of a man wearing a fluorescent jacket.

It also included text stating: ‘Fully uniformed guards, all guards are SIA licensed...SIA Licensed Guards’.

The individual featured was an ex-employee, but who was an employee at the time the picture was taken.

He was said to have given his verbal consent, but his employer obtained nothing from him in writing. The employee claimed he was unaware the photograph was to be used for advertising.

ASA ruled that as the business was unable to prove consent, the promotional material featuring the former employee would have to be withdrawn.

This is an illustration of how industry codes of practice are being used to help individuals control how their images are used, even where they do not own the copyright in the photograph.

When wishing to use images of your employees in marketing and promotional material you should obtain their written consent. It will then be easy to prove you had permission to do so should any future dispute arise over your use of the image.

That consent should make clear that use may continue even after they cease to be an employee. Trying to negotiate the position with a disgruntled employee or ex-employee can lead to requests for additional payments, or where agreement cannot be reached you may face the cost and inconvenience of withdrawing and reworking promotional materials.

For the full adjudication, please go to: http://www.asa.org.uk/asa/adjudications/Public/TF_ADJ_46996.htm

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