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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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 Posted: Tue May 22, 2007 8:04 pm Post subject: Taking my picture at my school |
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| If my hogwan director takes my picture in my classroom, do I have any rights to get money if it is used for advertisements? Do I have any rights in this case? Does anyone know? Thanks |
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Yu_Bum_suk
Joined: 25 Dec 2004
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| Posted: Tue May 22, 2007 8:10 pm Post subject: |
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It's just not something that Koreans would even consider. For all you know you could find your face on the side of a bus. Take it as a compliment and move on.
(That said, during my last two or three months at my old hagwon, had I known that photos may be taken I wouldn't have shaved for a week and dressed like a bum). |
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merkurix
Joined: 21 Dec 2006
Location: Not far from the deep end.
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| Posted: Tue May 22, 2007 8:28 pm Post subject: |
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| I used to work with someone who had a super cute baby boy (half and half baby). Some random person complemented her baby's looks and asked permission to take a snapshot. One year later, her baby's picture is everywhere! Day care billboards, community magazines, websites, discount coupon mailers, etc. She didn't know what to do. |
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JD1982
Joined: 19 Apr 2007
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| Posted: Tue May 22, 2007 9:23 pm Post subject: |
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| merkurix wrote: |
| I used to work with someone who had a super cute baby boy (half and half baby). Some random person complemented her baby's looks and asked permission to take a snapshot. One year later, her baby's picture is everywhere! Day care billboards, community magazines, websites, discount coupon mailers, etc. She didn't know what to do. |
She should have sued everyone of them and made millions and use the money to send the kid to college.
I hope she did. |
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Bingo
Joined: 22 Jun 2006
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| Posted: Tue May 22, 2007 10:17 pm Post subject: |
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Man, that drives me crazy. Every time we have an open class at my public school I have my photo taken a hundred times. Even videod - and without my permission. Drives me nuts. And who knows to what use they'll put the pictures. At an old hogwan my photo was taken repeatedly, ending up on the hogwan website. Again, without my consent. Had a buddy who walked to work one day only to find his face on a banner two stories tall promoting his hogwan. Again, without so much as asking him if it's okay. :
Korea, Sparkling.   |
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kigolo1881
Joined: 30 Jul 2006
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| Posted: Tue May 22, 2007 11:10 pm Post subject: |
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Stop being so self-absorbed!
When you go to a circus and videotape or shoot pics of the clowns in action, do you want them to give you permission or a waiver?
Same here! |
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Yu_Bum_suk
Joined: 25 Dec 2004
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| Posted: Tue May 22, 2007 11:56 pm Post subject: |
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| kigolo1881 wrote: |
Stop being so self-absorbed!
When you go to a circus and videotape or shoot pics of the clowns in action, do you want them to give you permission or a waiver?
Same here! |
Ha ha! That was my feeling when I was running around taking pics off all the assclown foreigners working at the Paju English Village. Some of them I could tell didn't look too happy to see a foreigner taking their picture (funny how they didn't seem to mind Koreans doing it - I guess they knew it was just for my own amusement), but I figured hey, you're accepting good money to be on public display, enjoy it. |
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poet13
Joined: 22 Jan 2006
Location: Just over there....throwing lemons.
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| Posted: Wed May 23, 2007 1:44 am Post subject: |
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One of my co-workers has been videotaping my classes lately. He never attends otherwise. I asked him about it. He said he wants to study my teaching style....  yeah right. I've walked by his desk a few times and seen him editing the film. He minimizes when I come by. I think he's up to something, like maybe putting together his own little English class dvd collection for sale.
If that were true, what would you do?
Pictures to me is another degree. Someone mentioned performers at the circus. Sure, you can take their pictures, but what happens if you publish their pictures for your own profit? I think you either get sued or receive a cease and desist order... |
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merkurix
Joined: 21 Dec 2006
Location: Not far from the deep end.
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| Posted: Wed May 23, 2007 1:48 am Post subject: |
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| JD1982 wrote: |
| merkurix wrote: |
| I used to work with someone who had a super cute baby boy (half and half baby). Some random person complemented her baby's looks and asked permission to take a snapshot. One year later, her baby's picture is everywhere! Day care billboards, community magazines, websites, discount coupon mailers, etc. She didn't know what to do. |
She should have sued everyone of them and made millions and use the money to send the kid to college.
I hope she did. |
She didn't want to sue, she just wanted the places to stop showing these pictures out of concern for her child. She was able to get legal help, but once she was able to get some places to stop, a dozen more places started to use the same image for their ends. |
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formerflautist
Joined: 30 May 2006
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| Posted: Wed May 23, 2007 4:10 am Post subject: |
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| My public school still uses the picture of the teacher from two years ago. I'm also used for ads. I walked in on Monday and noticed me on a sign placed across the entry hallway. It doesn't bother me and I don't expect to be compensated. But I'm also treated well. If my school treated me like crap and then it would be a different story. |
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yingwenlaoshi
Joined: 12 Feb 2007
Location: ... location, location!
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| Posted: Wed May 23, 2007 5:17 am Post subject: |
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| poet13 wrote: |
One of my co-workers has been videotaping my classes lately. He never attends otherwise. I asked him about it. He said he wants to study my teaching style.... yeah right. I've walked by his desk a few times and seen him editing the film. He minimizes when I come by. I think he's up to something, like maybe putting together his own little English class dvd collection for sale.
If that were true, what would you do?
Pictures to me is another degree. Someone mentioned performers at the circus. Sure, you can take their pictures, but what happens if you publish their pictures for your own profit? I think you either get sued or receive a cease and desist order... |
Tell him to stop doing it. I wouldn't like that.
Pictures on the wall and such is totally lame. |
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sojourner1
Joined: 17 Apr 2007
Location: Where meggi swim and 2 wheeled tractors go sput put chug alugg pug pug
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| Posted: Wed May 23, 2007 5:26 am Post subject: |
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I have been wondering why I am getting photographed alot with digicams and cellphones by Korean teachers, vice director, and the director recently though I did not question it. I don't care as long as I am rewarded what was offered to me for a job well done in friendly spirit and in a punctual and honest manner.
I just hope they value me well as a teacher as I sure give it my best. In my mind every day, I always worry. Do they like me? What are they thinking as they don't express themselves or provide any feedback? Are they satisfied? Will they pay my severance? I sense an evil profit minded director and owner which clearly shows me why Korea is not getting its' moneys worth when it comes to private education. I sure try to give them value in the form of actually teaching their kids, rather than just baby sitting and playing with them, though I do that too since it's necessary for good relations. Also requires lots of love for the kids as no one is parenting them beyond providing financial and materialistic needs. They often call me father. Go figure...
I do not care how much the school photographs me, I just care that I am paid what I am owed before my last day and not one minute too late. No if's, and's, or but's about it. This should not be a game of negotiation for what is in your contract, but an honest and direct situation based on effective communication and trust. For someone to just pop up and photograph you specifically without announcing it, just spooks me into thinking they may have deceptive and evil intentions. Thats my 2 cents. |
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superacidjax
Joined: 17 Oct 2006
Location: Seoul
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| Posted: Wed May 23, 2007 6:18 am Post subject: |
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| Yu_Bum_suk wrote: |
| It's just not something that Koreans would even consider. For all you know you could find your face on the side of a bus. Take it as a compliment and move on. |
Wrong answer. You obviously don't know anything about Korean law. A good friend of mine (Michael Hurt) is a professional photojournalist in Seoul and here's what he has to say:
"Pretty much everything's the same [as US law,] except for one caveat: the concept of the "right to one's image." In Korean, this is called the ChoSangWan, and it actually confuses a lot of people. This is a special right, in which people have the right to determine how their image is used, regardless of having been in a public place or doing something understood to be in the interest of the public's right to know (news). So people technically have the right to sue more easily, because they have the right to their image � period. Ah, but there's a rub.
Just like in the case of people suing in the States, the person still has to show damages in order to collect anything. So the value of suing anyone becomes pretty minimal. So I could be sued for using someone's image without permission, but as long as it's not for commercial purposes, or people's reputations haven't been damaged in any way that can be concretely demonstrated, people hardly ever sue strictly based on their image having been print or broadcast."
So, before all of you armchair Korea experts start shooting off you mouth, you might want to know what the heck you're talking about. I used to be a photojournalist for Reuters and I dealt with those points of law all over the world (but not in Korea.) But as my friend has made clear, damages are hard to prove, UNLESS IT'S COMMERCIALLY USED. So in the case of adverts, billboards, videos for profit, you can sue and win.
If you're a US citizen, contact the embassy for a list of attorneys experienced in civil litigation.
If it's not in my contract, there's no way I'd allow use of my image for advertising, unless they asked me first and possibly paid me. If I'm selling their product on buses, I am techncally working as a "model." .. if you want to get really technical, that would be a visa violation for those without an amendment to their E-2. I don't teach for free, so why should I be a free model?
So, you can sue and you can win money if the use was for advertising. For other uses, you can force them to stop using the photo/video etc, even without proving damages. |
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poet13
Joined: 22 Jan 2006
Location: Just over there....throwing lemons.
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| Posted: Wed May 23, 2007 2:41 pm Post subject: |
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I like your answer cause it agrees with mine.  |
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TheBrain
Joined: 10 Apr 2007
Location: Acme Lab
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| Posted: Wed May 23, 2007 6:45 pm Post subject: |
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