My earlier suggestions were made in fun, here's a serious one. Wait until your contract is up, then use this as grounds for a raise: NT$50/hr, NT$100/hr. Be reasonable. If she refuses, pull out of your pocket a mock-up of a DM for a nearby competitor, with you smiling hugely, holding a copy of her flyer, and a label slapped across it that reads something like: "Cheap School's Poster Boy, Now Teaching Around the Corner." See if the prospect of a few large posters like that plastered around the block changes her mind.
How about when he leaves he gets the boss's picture and puts it on a DM recommending another school. lol Or perhaps advertising other things
Just joking of course lol
You should read the thread before you write something, fenlander. He already mentioned that he is on a JFRV. He works 2hrs/week for that school.
I don't see the big deal, personally. Your employer(s) would know that you are free to work anywhere with this type of visa. It's a chance they take when they hire you. They should know that your picture could end up on the brochure of a competitor. However, Marty did ask for his pictures not to be used outside of the school. I would be ticked, too.
With only 2 hrs/week, you have little to lose, Marty. The legal route to go about this would be to write them a letter and have it mailed to them via registered mail. Mention in the letter that you refuse to have your picture used without authorization and failure to comply to your request you will initiate legal proceedings. Instead of using registered mail, you could hire a lawyer to send in the request, but the lawyer would also use registered mail. You can skip legal fees and send the registered letter yourself.
You can also choose to sue immediately if they already distributed some of the brochures but I think that would be overly vindictive and unnecessary. See if they will comply to your original requirements first and understand that you are most than likely to lose two hours of work per week in the process. They will not want you working for them after that. Moreover, if you sue them, they are likely to find something to sue you for even if they have to lie. Do not underestimate the consequences of making people lose face in Taiwan. It's so not worth it for you to sue them over this, but a simple threat, in writing, might be enough to get the brochures out of circulation.
yah yah good points except i did read the posts but don't know what is a JFRV
But yeah that advice is good
How about just going up to your boss and saying in a nice way. "Gee you used my pics in a brochure, nice brochure but I look so ugly in these pics, next time , please let me choose some pics for this ok?" Then laugh bout it, they will understand. You have a little protest and little protests are noted in Taiwan, trust me. They will have made a mental note of this.
Taiwanese deal in subtleties. A little can go a long ways. Not always true, there are completely dense people around too. Peasants all over (actually peasants often make a lot of real sense as they live in the "real world" ).
And you also don't know that teachers don't get visas on 2 hours of work per week? I know that and I'm not even a teacher. Joining Family Resident Visa aka being married to a local.
no idea you learn something new everyday. Thanks for that I owe you
I forgot to say that if you send a registered letter, you should have a witness sign it.
PS: No probs, fenlander.
U should be a lawyer.
Don't hold it against me but I am a lawyer.
I thought so ... HAA.
Not at all
Saying the buxiban boss is a dickhead almost goes with the territory in Taiwan, but I'm really not sure how far this would get in court. It's one thing for a professional model to claim that his or her photo had been used/is being used without permission, but it's another for someone who actually works at the school to make the claim. We foreigners too often forget that English teachers here are regarded as only one step up from Philippina maids. Because yeah, we're all afforded such respect normally, and this is so out of character for the normal bounds of our jobs.
The school would simply argue that verbal agreement had been given and that's it's also implicit in being employed there that the laoban can do what he wants with any photos and most other Taiwanese would agree with them. The only people who wouldn't agree are going to be your friends or family (though they'd probably think differently about some other foreigner) or someone you paid, such as a lawyer. I'm assuming that there's no written contract between the two parties, in which case the laoban would simply produce a "standard contract" that stated this anyway and merely claim that there was no contract because it was for someone on a JFRV for only two hours per week. There are so many ways the laoban could spin this it's not even funny, and this is the land of pirated everything, remember. I just can't see 99% of people (including, or especially, those involved in the judicial system) seeing what the problem is here.
Maybe a threat would work, and why not in the sense that he has little to lose, but if the laoban calls his bluff, then what?
The use of someone else's picture without a legal release can result in civil liability. It's not a matter of copyrights, it's a matter of privacy.
The intended use of the picture also plays an important part to determine civil liability. Legal issues vary by jurisdiction but note that it is generally illegal if the picture is used for advertising, especially if the business being advertised is also the publisher of the picture. Pictures used in advertising almost always require a legal release to be legally published.
I don't think Marty's privacy is heavily violated, however, and I do not recommend taking legal actions against the school. But if this is a serious issue to him, a registered letter might help having his picture removed from public circulation.
Robin if I am sitting with my daughter who is 13 on the MRT and someone comes and takes a picture of us is it within my rights to stop them from doing that by physical force if necessary ? Usually this is just cause they think being mixed race she is special, but what if some pervy guy dares to do that. Is it ok to assault him to prevent the picture being taken or smash the camera at least ?
No, you cannot stop them taking the photo if you're in public. Nor can you stop them from using it for editorial purposes, say, in a news report, photo exhibition or magazine article.
What you can do however, is take them to court and sue them for damages if they use the photo in a commercial way, say for advertising. For that, they need your written permission.
EDIT If the photographer continually took photos after you'd asked them to stop, you may have a case for harrassment (depending on the laws) but that would be after the fact. There's nothing you could do about 1 or 2 quick pics though.
Strictly speaking, according to law, the laoban would have to produce a written release giving permission for the photo to be used as advertising. Verbal contracts would be worthless, and unless it were explicitly stated in the standard employment contract, that too wouldn't be enough. Claiming there was no contract because of JFRV wouldn't matter - written permission is required granting that right. It doesn't matter in the slightest what people assume, or how the laoban could spin it.
That's in theory. In a Taiwan court, who knows what would happen.
Hey thanks for that. I appreciate the reply!
Taiwan courts in my experience are very fair with westerners. That I guess may depend on the magistrate and who you are up against i.e. normal local or Mr big