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Digital Law? Ownership of File vs. Content?

07/19/2013 12:58 AM

Spoke recently to a friend who informed me of his company's newest idea.

Once a user places a service call request on their copier, the company will show on the copier screen a photo of the service person assigned to perform the call with a countdown clock showing his arrival time.

The countdown (and the service person's name) might be a feelgood thing for the user. But is using the employee's face an infringement on his personal right? Yes the company took that photo to be used on the name badge and to be used occationally in some company e-mail documents. BUT are they overstepping when they want to put it on a piece of equipment in the user's site?

A comment back is that the company owns the digital file (no arguement), but do they have unlimited right to do something like this? When does it infringe on the employee's personal rights?

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#1

Re: Digital Law? Ownership of File vs. Content?

07/19/2013 1:49 AM

When posting your picture on a social network and the terms are that the network then owns your picture, is this an infringment on you privacy? And I am not going the step further to bring up that a third party is accessing it!

I am wondering what the service man has to say about this as he has to live with it.

There certainly will be a shift in personnel if somebody is not happy about this.

But I also wonder how often the service technician turns out to be the cleaner. Is there maybe a safety concern? Or is it just a sales stunt? Personalised service is well received and maybe in the interrest of the service technican to raise her/his profile.

Sorry can not comment on the rights quesiton. There will be hundrets of lawyers discussing this and never reach an agreement.

I personally believe the face is mine regardless who owns the picture. So whatever is done with my picture has to agree with me.

PS If company has the technician signing a statement they will do what they need to do.

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#2

Re: Digital Law? Ownership of File vs. Content?

07/19/2013 1:58 AM

I don't think it is a problem unless it's misused, misrepresented or used in a commercial enterprise without consent and/or compensation....

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#3

Re: Digital Law? Ownership of File vs. Content?

07/19/2013 3:28 AM

It's a classic problem creation exercise.
Dreamt up by some fatuous marketting wonk.
People just want service not bells whistles or bits of paper saying they are going to get service.
To illustrate the bonkersness of suck stuff.

Yesterday I got 2 E-mails saying my photo prints were ready to be collected
But,
I had already collected them.
.
..
...

In February

Del

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#4

Re: Digital Law? Ownership of File vs. Content?

07/19/2013 6:04 AM

Things like this are becoming fairly common, and used so that the customer knows who to expect at the door. I don't see a big deal with it.

Any overstepping that private companies are doing, pales in comparison to what the US government is doing.

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#9
In reply to #4

Re: Digital Law? Ownership of File vs. Content?

07/22/2013 3:15 PM

Sooo...if it's not as bad in (subjective) comparison to what somebody else is already doing, then it's okay?

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#10
In reply to #9

Re: Digital Law? Ownership of File vs. Content?

07/22/2013 5:36 PM

Nope. I didn't say it was okay, however, a person can quit working for, or doing business with, any company they don't like.

Not doing business with the government, is not an option.

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#5

Re: Digital Law? Ownership of File vs. Content?

07/20/2013 10:45 AM

The user is going to see the person when he/she arrives, unless they are masked.

I think it is a good idea in the name of safety.

What does Ms. Sidow think ?

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#6
In reply to #5

Re: Digital Law? Ownership of File vs. Content?

07/20/2013 11:41 AM

WALOOB...

A scenario:-

Knock knock

I'm the repair man.
You don't look like the guy in the picture.
No, That picture is the other guy, he got called away...

But how do I know you're not the mad axeman?

I am the mad axeman, but I'm going to pretend to repair the coppier.

But hey no... you can't be the mad axemen 'cos how did the mad axeman know your coppier needed repair?

Ah but I could be a clever mad axeman who knows that all coppiers are shite and therefore always in need of repair.

Ah, you are very philosophical about this..
Yes, it's because I'm Rene Descarte... I think, I am the coppier repair man..
Therefor I am! But how do I know YOU aren't a mad axeman phoning up pretending your coppier is duff?

Ha, you've got me there... maybe we are both mad axemen... lets do scisors paper stone to find out who is who?

Del

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#7
In reply to #6

Re: Digital Law? Ownership of File vs. Content?

07/20/2013 1:40 PM

Understood, but the repairmen are only a couple guys who have been to these sites many times.

No unknowns here!

Bottom line - they can own the file, but can they use my face wherever, whenever??

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#8
In reply to #7

Re: Digital Law? Ownership of File vs. Content?

07/20/2013 2:05 PM

No.

For example; they couldn't use your face in any commercial endeavor without your permission. I'm sure there are many other examples of what can and can't be done with someone's image.

But in reality, these days, your face doesn't mean much. Anybody with a cell phone can capture it and do whatever they want with it. Even if it isn't legal, it would be difficult to track them down.

I just make sure to stay ugly enough that no one wants my face.

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#11

Re: Digital Law? Ownership of File vs. Content?

07/26/2013 1:38 AM

How is the picture to appear on the screen of a faulty unit?

Error 1: Printer does not communicate

Error 2: Screen does not operate

Error 3: No function at all

Error 4: Wording "Paper jammed, call service" appears on screen, and cannot be overridden

Error 5: .......

And how much easier would it be to fix the problem remotely, rather than send it a picture? - obviously got comms to send the image

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