Job Discussion Forums

[tazmania]

Background: Over 6 months ago I left my former employment after they refused to pay me my monthy salary. They tried to get my visa cancelled - but failed - and generally tried everything they could to make my life miserable. I moved to another location and cut my losses of over 3000 yuan.
Anyway...

So I find out through a friend, that my fomer employer is producing new glossy brochures and leaflets for advertising purposes and that a picture of me is on the front and on several of the inner pages.

I'm actually quite liberal on people using my image (this is china afterall) - as long as they have the decency to ask me first and I agree. Indeed I have helped several schools that I like working for with this and of course they pay me.

If I am in class and someone working for the school comes in and tries to film me teaching, I politely tell them to go away and that if they wish to film me and my class, they should ask first. If the film is used for commercial purposes (which it surely is) then I don't think it is unfair to ask for some payment.

But what really gets me angry is that this organization essentially tried to destroy my working and living life, and now they have the cheek to steal my image (I don't know where they got the photo from) and use ME to sell their underhand services. It's the principle of having a photo associating myself with these parasites which make me most annoyed.

Has anyone else had a simular expereince, anyone know if there is anything I can do about this?

[7969]

i have experience with people stealing photographic images and selling or advertising them as their own work. in these cases, you need legal representation if you want compensation for revenue that should have been coming your way. however, in china, the Intellectual property laws arent enforced rigorously, if at all, so i'm not sure where you stand on this. i'd definitely go to the school and make my displeasure known in some way shape or form.

regarding your image/face, if taken in a public place, then it COULD be considered fair game for the school to use in any way they like, but if taken on school property and if there's nothing in the contract that you had at the time the photo was taken that says they can use your likeness in their ads, then they are probably guilty of something. what that is and how you can enforce it, who knows? someone corrct me if i'm wrong.

good luck anyway.....

[Bro D]

Tazmania: You might as well name this former employer, especially after the way they mistreated you. Let potential FT's (like myself) know which school we should be avoiding especially if an ill-gotten image of a later abused FT is being used to promote it.

[cj750]

Unfortunately you image will not constitute property rights unless the image is associated with a product or service..and not of the individual FT kind..and school ground can constitute public areas...in which the law has no jurisdiction...

[tw]

Get used to it. If someone takes a photo of you as you are walking down the street, you could find it in some new business' ad. My second employer in Qingdao's web site still contains photos of its former franchise's founder (it used to be part of U-CANDU), Take a look at www.qingdao-ielts.com/duocaihuodong/zhdjt.htm (silver-haired gentleman)

[Songbird]

The Dean in my college last year turned up to one of my classes armed with a camera. He suddenly decided to pull it out while I was teaching (he told me he had only come to OBSERVE) and suddenly I stopped teaching, went up to him and said 'You didn't ask me to take photos of me. Please ask for my permission or leave'. He asked, and I said no because of what happened. He was astounded by my reaction to photots! The other FT's were amazed someone did this and ever since it's been policy to at least ask permission first. About a month or so after this they had the provincial CCTV come in, but they ASKED me beforehand and I said yes that time.

BTW, I was warned beforehand that this could happen, I was actually ready to do this. I didn't say anything to the department at all, just wanted to see if they would do the right thing!

[7969]

[TEAM_PAPUA]

Our visa photographs were used in school brochures (along with false information regarding educational background and experience) then the same pictures were enlarged and put on posters all over the local university - I had no idea until my girlfriend told me I was famous at her uni

I've also been filmed in class - exploitation is the name of the game

[BlakeS]

[Tezcatlipoca]

While I am appalled that someone stole your image, I'm not in the least surprised... this is China, ya know.


This is why I wear a Phantom of the Opera mask at all times and have pre-printed 'use of image' agreements on me at all times, for if anyone wants to take my picture.

[Outsida]

I just make it impossible for them to take my picture. I face the board and talk over my shoulder until they're gone. Plenty of other FTs to bug.

Songbird, I admire your stance, but making the Dean lose face like that in front of a class is a HUGE no-no. I will not be surprised if there is fallout from that... this is China.

[7969]

[TEAM_PAPUA]

[BlakeS]

[erinyes]

If you don�t want them to use your picture again take a copy of the big glossy brochure, get a Chinese friend to write �even THIS foreign teacher left the school because it�s so bad� in Chinese across the picture, run off a thousand copies and plaster them all over town, and up and down the street where the school is.