Reparations...ad using my face without permission

[color=red]Moderator’s note: Title edited for clarity (was “reparations”) – DB[/color]

Just recently I discovered a school, that I’ve never worked for, but run by a woman I used to work for, has been using pictures of me on their advertising fliers.

To cut a long story short I confronted her and she admitted that she’s in the wrong. She has said she will give me a written apology and that she has already stopped using the fliers.

Also up for negotiation is her taking out an ad in newspapers stating that I have nothing to do with her company and financial compensation.

My main question is how much should I start out asking for and how much should I settle for? Secondly how much of a difference would the newspaper apology make to the financial settlement? Obviously this would mean a fair loss of face so…I don’t know…

Also the possibility of them continuing to use the fliers with my picture on them has been raised. Frankly I’m not too concerned about this - the damage (if any) as already been done and I no longer teach kindy.

I do happen however to now work for a law firm (although it’s a patent firm) so if necessary it would be easy for me to have a lawyer call them to raise the stakes a little. However, I’d prefer not having to do this for the obvious professional reasons.

Lastly I should state my primary objective is to try and teach this woman a lesson in how she treats people and conducts her business affairs - aside from myself I know another half a dozen people who have suffered under her leadership regime - rather than financial gain. However, I do think that given the kind of person she is hurting her financially may be the best means to achieve this goal. Also, because of the illegality of teaching kindy children English, I?d really prefer to settle this through negotiations.

Thanks in advance for any answers and suggestions.

It seems to be that the least confrontational choice would be to allow her to continue using your picture, but for her to pay you for this right.

Why not call some ad agencies or model agencies and find out what the going rate would be for that?

I understand what you’re saying, but wouldn’t this be treating the matter as me just catching her up and making her pay what she originally would have if she’d done things legally and with my permission? Part of my objective after all is to punish her for her actions. From my perspective that would mean I should be paid a “modelling fee” as well as a “damages fee”.

Or am I kidding myself?

What are your damages?

Hmmmm…um good point…reputation I guess. So I guess the point you’re making is that my point of attack rests mainly on them profiting by using my image?

Also I should mention that they have been using this flier for about three years to the best of my knowledge.

Has your reputation been damaged?

That wasn’t my point… my point was that you will likely need to prove some damage to have any chance of receiving compensation for the same.

However, your point might be a good one. That is, there might well be a law that prohibits them from using your image to profit in some way. I’m unfortunately not aware of such a law here… but, its worth inquiring about. Nonetheless, I don’t know whether such a law would stipulate that you can receive compensation for their profit where you have not been damaged… :idunno:

Has your reputation been damaged?
[/quote]
Is this school a kindergarten? Seeing as how kindy work is now illegal for foreigners, he could argue that his reputation was damaged because these advertisements would have led people to believe that he was doing illegal work. However, if he has worked in a kindy since that line of work became illegal, such an approach might be a bit risky.

Has your reputation been damaged?
[/quote]
Is this school a kindergarten? Seeing as how kindy work is now illegal for foreigners, he could argue that his reputation was damaged because these advertisements would have led people to believe that he was doing illegal work. However, if he has worked in a kindy since that line of work became illegal, such an approach might be a bit risky.[/quote]

Good points, all around, JT.

However, the law re teaching at kindies was only changed recently, AFAIK… so, if I were looking at the flier with his photo, I would not likely immediately think that he is now doing anything illegal. Maybe it was legal when he taught? Maybe he was just a model for the school? As someone looking at the flier, I wouldn’t think anything and his reputation, in my mind, would suffer no damage.

:idunno:

Nevertheless, if your photo was used without permission on, for example, an advertising campaign about sexually transmitted diseases or wife beaters, I’m sure you would have every right to claim damages, even though people should realise that you were just the model.

In the same way, I do think you could argue that you did not want to be associated with illegal kindy teaching.

Hey everyone

Thanks for your advice, I’ve taken your ideas into consideration and made my case to them last week. I contacted them again today as they still haven’t come back to me - they say their lawyers are writing up an agreement. They may be dragging their feet, but as my primary goal is to annoy, frustrate and cause a loss of sleep, this isn’t really bugging me too much. And they’re probably still using the fliers so it may be time for…a surprise inspection! :smiling_imp:

To answer your point from above, the pictures were taken when I was teaching at a kindergarten (not the one the flier advertises) in, I think, 2002. I did one 6 month stint at another small kindy in 2004. Now all my jobs are either legal or writing/editing jobs far away from the prying eyes of the foreign police so in that sense I’m reasonably safe.

Anyways, thanks again for your thoughts and direction. I’ll post an update when I eventually get an outcome, if any, as I’m sure I’m not the only one in town who this has happened to.

Again, thanks for your help.

It’s always been illegal. I don’t why so many presume that it’s been legal to teach English in kindergartens. It never has been.

Hello All,

Two years ago I worked for a bushiban in HsinChu with a contract. I’ve recently been told the school is using my face in a huge advertisement for their new location nearby. It didn’t say in the contract that I must allow them to do that. Do I have any chance of getting compensated? If yes, who should I contact?

Thanks,

Teacher No Cash

At least it’s a buxiban. There’s a massive ad for a certain kindergarten with three foreigner guys lying on top of very young kids. It obvious that it’s a kindergarten ad and the foreigners faces are clearly visible.

Talk to a lawyer.

[quote=“jae06july”]Hello All,

Two years ago I worked for a buxiban in Hsinchu (Xinzhu) with a contract. I’ve recently been told the school is using my face in a huge advertisement for their new location nearby. It didn’t say in the contract that I must allow them to do that. Do I have any chance of getting compensated? If yes, who should I contact?

Thanks,

Teacher No Cash[/quote]

Whats the name of the school? And where is the advertisment so I can make a photo? :laughing:

You can ask a lawyer to file for injunctive relief (removal of the advertisment which they’d have to follow). If they don’t follow you can ask for damage repair ($$$). But I wonder what kind of damage you could claim in Taiwan. I guess at least 100.000 NT to make it a case…

[quote=“jae06july”]Hello All,

Two years ago I worked for a buxiban in Hsinchu (Xinzhu) with a contract. I’ve recently been told the school is using my face in a huge advertisement for their new location nearby. It didn’t say in the contract that I must allow them to do that. Do I have any chance of getting compensated? If yes, who should I contact?
[/quote]

Have they already taken your photo?

There was a VERY similar thread to this last year. Anyone know where it is?

Edit: Found it: forumosa.com/taiwan/viewtopi … highlight=

merged – thanks irishstu!

It’s always been illegal. I don’t why so many presume that it’s been legal to teach English in kindergartens. It never has been.[/quote]

Incorrect. Foreigners married to local Taiwan citizens have open work rights in the Taiwan area and can therefore teach at a kindergarten or anywhere else that a local Taiwanese person can teach.

My modest explanation of this legal rule is given here –
forumosa.com/taiwan/viewtopic.php?t=50881

I didn’t see you had merged the two threads until Stu said something. How clever you all are!

Doesn’t one have rights over one’s image?

Here is the irony for old Tom… Schools go out of their way to tell us we are useless, worthless drunks, who they could sack at a moments notice and replace with a cheaper, better drunk, and then they use the images of the aforementioned drunken retard cos it brings parents through the door. We hate you for being white, but we are only in operation cos you are white.