Claim photograph rights in private event

the spock

Hi, My girlfriend and I went to that big music festival last year in bali and lately we have noticed that there is a photograph taken of us which is used by the concert organisers for marketing and commercial purposes in several magazines and on social media. We are basically in the centre of this photo and it is also focused on us sticking out of the crowd. Are we eligible for claiming photography rights on this in Indonesian law? We contacted the event organisers with that regard and they said since we bought the tickets we automatically can't claim anything and they can do everything they like. What do you think? Thanks.

Markit

Oh Man, if I was u I'd contact the local police and get them involved. Hell, ya! Send them the organizers info and tell them to contact immigration about them feckers too. The more the merrier! Post a pix here so we can Instagram/FB it too eh? Good move Bro!

Rangi

In my opinion, there is nothing you can do.

no.idea

In Australia my girlfriend and I were included in a TV advertisement for a restaurant chain. We did not know the movie was being made. This was shown on TV about every 10 minutes for a week. There was a lot of money involved in this for me. I had to pay my wife 1.23 million for the divorce.

mugwump

no.idea wroteIn Australia my girlfriend and I were included in a TV advertisement for a restaurant chain. We did not know the movie was being made. This was shown on TV about every 10 minutes for a week. There was a lot of money involved in this for me. I had to pay my wife 1.23 million for the divorce.

It would seem that you quite possibly sorted out the real grievance in this situation!

the spock

I reckon we threw the tickets away and the online booking doesn't say anything so we can't really tell. Anyone know a good lawyer that could help us out and quote? Cheers.

davita

Agree with Markit...why not link us to the picture so we can assess your situation with greater clarity...i.e. is it on Craigslist? btw The company that made my custom kitchen cabinets have a picture advertising same on a billboard above their store. Please let me know if you are successful in your claim....I might sue them...:icon_wink: Seriously, here is a link to the subject matter and I'm sure there are many more websites with info .... https://commons.wikimedia.org/wiki/Commons:Photographs_of_identifiable_people It should be noted that Indonesia doesn't appear to have a policy. If it was a paid event, and the picture was subsequently used for commercial purpose, it isn't clear if consent is required. Some countries have very clear policies but Indonesia........I would doubt it! Many magazines, printed in Bali, show people in bars/clubs and events. I wouldn't think any were asked to give consent to publication.

no.idea

I really am having trouble understanding what the actual problem is. Someone has a photo of you at an event. They use the photo for advertising. No big problem that I can see. The police put photos of Rangi on Post Office walls in New Zealand all the time. I have never heard him complain.

davita

no.idea wroteI really am having trouble understanding what the actual problem is. Someone has a photo of you at an event. They use the photo for advertising. No big problem that I can see.

In some countries, using a person's image for advertising includes payment for consent....or face legal consequences. Perhaps that's the OP's point.......but I doubt if it will be successful under Indonesian 'Law'.,,:icon_e_surprised: However, if the image defames, that case could be pursued as Indonesia does have very strict defamation laws. Currently, 3 judges in Sumatra said they are being defamed because the KPK alleged they are suspects in a graft case....:black_eyed:

Mark

Unless you are a celebrity or well known public figure who carefully manages your presumably valuable image rights, you sound like someone trying to get something for nothing... You might have a better case, at least in the court of public opinion, if you wanted them to stop using your image on privacy grounds as opposed to having to pay you for the right to use your image.

JohnnyCool

[QUOTE]Are we eligible for claiming photography rights on this in Indonesian law?[/QUOTE] You're joking, right? Are you related to [B]Mr Spock[/B]? You know, the guy from Vulcan on the Starship Enterprise, famous for his powers of logical thinking? I didn't think so. The title of your original post is: "Claim photograph rights in private event" (Relax, I'm also not from Vulcan.) However, how does a "private event" morph into "that big music festival in bali"? Remember the saying about the chances of a snow-ball in hell? There's your answer, right there. Enjoy your 15 seconds of "fame" and be done with it. Hope this helps... :icon_eek::grumpy:

Markit

Awww you guys are just no damned fun! Least you coulda held off with the "sticks and stones" until we got a copy of the offending image.

tintin

Few years ago, my girlfriend and I were in bed together, when her husband came home, unannounced of course, and (before blooding my nose), snapped a picture of us "in action." He later used this picture in his divorce proceedings against his wife. Since I had not given him the rights to this snapshot, can I sue him for damages (never mind my broken nose)?:cupcake:

balibule

If your picture is used on a website maybe it is possible to contact the webmaster and claim a DMCA. Not sure if that is going to work but generally speaking webmasters don't like DMCA as it can affect their SEO. You can find out who the owner of the website by doing a WHOIS search; WHOIS Search | ICANN WHOIS I had another website copying my content word-for-word twice. I contacted them and asked them to remove my content within 48 hours or I would file a DMCA. They both took it away from their site. Not sure if this is going to work with a picture though as you don't own the picture.

Teabag

DMCA ??? SEO ??? I just know RunDMC.... was a band back in the 80's Teabag

no.idea

Teabag, your memory is buggered. It was ACDC or WGAF. I went to one of their (ACDC) concerts once. I wonder if I can sue them.