Help photo problemo

topic posted Thu, June 4, 2009 - 3:18 AM by  alison
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I teach from a community centre that also offers a variety of other classes. They have a printed programme of whats on offer - like Tabe tennis - thursdays 3 -4 pm call Jane 222 22222 with a little clip art picture next to the info.

The printers have put a photo of another dancer next to my name - 100's of these flyers have been printed. I have spoken to the office staff about it and they say the printers got this photo from a clip art program, I doubt this very much - I think they just googled "Bellydancer" and her pic came up. . The office says that all they can do is ask the printers to remove the photo for the next run of flyers.

I feel dreadful about this, and I dont know how to proceed. Do I cover her photo with a sticker? Do I tell her about it and hope she doesn't sue me?
posted by:
alison
South Africa
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  • Re: Help photo problemo

    Thu, June 4, 2009 - 9:32 AM
    While unfortunate, you have no legal liability (under US law, at least). You made no attempt to misrepresent yourself and had nothing to do with the physical production of the materials. The most severe option the other party has is a cease-and-desist (which I'm assuming you plan to do anyway) order. The other party may seek damages against the community center, though.
  • Re: Help photo problemo

    Thu, June 4, 2009 - 1:41 PM
    Well if you know the other dancer, I think the right thing to do is let her know what happened.

    I like the sticker idea also, but make the Community Center pay for the stickers!

    And, if you point out to them that this flyer misrepresents the Other Dancer WITHOUT her permission -- and she may be really unhappy about that -- unhappy enough to sue them ... so they might want to talk with the City Hall Legal Department before distributing those flyers...

    And, because you've already contacted Other Dancer, a call from her might be all it takes to get them to reprint....
    • Re: Help photo problemo

      Sun, June 7, 2009 - 1:59 AM
      Thanks everyone.

      Their attitude is that if she wants to take action the fault lies with the printers, and will not pay for any stickers. Probably because they believe the "clip art" story. : P I think they feel Im making a big fuss over nothing.

      Blaah - so its sticker party time at my expense.
      • Re: Help photo problemo

        Sun, June 7, 2009 - 5:42 AM
        I am finding this somewhat common. Recently walking the corridors of my gym, I noticed a HUGE poster advertising BD classes. I know who the Insturctor is and the picture certainly was not her. Why they chose to do this could be for a myriad of reasons but the lesson is to make clear that all advertising must be improved by you in the future because they truly don't understand the implications of misrepresentaton...or may not care.
  • Re: Help photo problemo

    Sun, June 7, 2009 - 2:52 PM
    Why does it always seem like it's the community centers and gyms that pull this kind of shit? To me, it shows a real lack of respect for the teachers. I'm so sorry this has happened to so many people!
    • Re: Help photo problemo

      Mon, June 8, 2009 - 1:54 AM
      When I was in college, I worked for an unnamed Bay Area park-and-rec department on the community education promotions. Internally, the teachers are regarded as parasites sucking the lifeblood out of the program with their spartan compensation, not as the entire reason the program even exists. Despite knowing that, I started an adult education teaching computer basics (much needed back in those days) that cost the department nada and made them more revenue than nearly the rest of the programs combined. This in addition to serving a community service that was central to their entire reason for existing. After back-to-back-to-back successful sessions, they told me the wouldn't allow me to continue the program unless I cut my percentage by over 2/3s the standard percentage that all the instructors received. Greed cost them a great program and sent me to greener pastures.
  • Re: Help photo problemo

    Tue, June 9, 2009 - 5:43 AM
    I don't get why the people making these material don't just ask for a dang photo. Once a venue made a big poster for an event of mine & they used a (I guess) Brazilian carnivale dancer!

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