Is it legal to film someone at work for a promotional video when they asked not to be filmed and then post the video?
I work at a retail store part time. At the time I was working there were 2 other employees on staff.
I expressed very clearly that I didn't want to be filmed or have any video footage of me used for a promotional video.
I had no warning that this guy was coming. My manager had her hair and makeup done and was dressed up. I had barely slept the night before and was up throwing up (I have a concussion from an accident). I certainly wasn't prepared to be filmed for a promotional video.
I avoided the videographer and then a customer was waiting in line to check out. The man was standing by on idle with his camera ready to film the transaction between me and the customer. I waited patiently for him to put his camera down until the customer finally said "hello, I'm ready to check out" at which time I had to walk over to her to check her out and he filmed me after I asked him not to.
then afterward I reiterated to him that I didn't want that clip used in the promotional video. He was annoyed and rude about it. I was polite. I just didn't want to be on a video that was going to be shared on Facebook, Youtube and everywhere else.
So this was a month ago and today the video came out and he used the clips of me!
I had no choice, I was at work and had to wait on this customer. I know I was in public but I expressed clearly that I didn't want to be filmed and this isnt a private video its being used to promote the business.
Is this legal.
This is in the state of New Hampshire
- FoofaLv 75 months ago
If you were just in the place of business as a customer certainly not. But if you actually work there I suspect that hidden somewhere deep in your job contract there's language giving them permission to do that.
- AthenaLv 75 months ago
You have no expectation of privacy at your place of work (other than obviously the bathroom).
HOWEVER, the video is being used for a commercial presentation so you may have a right to say no there.
You can have a lawyer file a cease and desist order with your company, and maybe start looking for a new job.
- Anonymous5 months ago
Use of your likeness for commercial purposes without your consent is not legal, but if you sue them, I can promise that a multi-million dollar corporation for advertising firm will be able to produce a release with your signature on it whether you're the one who signed it or not. Life's not fair but that's the way the world works.
- Jimmy CLv 75 months ago
It is not legal. They have to get you to sign a form giving permission before they can use it. The form is called a Release. If you did not sign anything giving permission, they are not allowed to use it. You can sue for damages.
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- JohnLv 55 months ago
Since you use the term "promotional use," I take it the video is being used in some kind of advertisement. Advertising is considered to be commercial use. Your likeness cannot be used for commercial purposes without your written permission. That is why photographers obtain a signed model release before using someone's image for commercial purposes.
Use of your likeness for commercial purposes is not illegal, so no one will go to jail for doing so. It is, however, a civil tort for which you can sue the business, the photographer, any ad agency he may work for, and anyone else responsible for the advertisement.
- KittenLittleLv 55 months ago
No it's not legal. Anytime for promotional video's they are required to get you to sign a waver saying you're aware the video's purpose, what it's being used for and that you are giving them consent to use you in that video.
If you didn't do that, check your employee paperwork that you signed. Make sure there's nothing that says anything about the possibility of you being filmed for marketing or business promotion. If there isn't, then you could absolutely sue them for having you in the video when you didn't give your consent and there's no documenation to prove you gave consent.