Author Topic: Image being used as fake testimonial (Read 4141 times)

yuliang11 · « **on:** November 09, 2012, 23:05 »

hi,
one of my face photo has been used in a fake name,fake testinomal for a weight loss product. i wonder if this is legal ?

JPSDK · « **Reply #1 on:** November 10, 2012, 02:26 »

It probably is legal, since its not "demeaning".

Microbius · « **Reply #2 on:** November 10, 2012, 03:12 »

Depends where they bought the license, a few of sites say that you can't use it in a way where the people are seen to endorse a product.

Also here's an example from SS's terms that could be relevant, under restrictions:

9. Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - this includes, ........e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; .....

qwerty · « **Reply #3 on:** November 10, 2012, 04:50 »

Some sites have clauses in the license that prohibit the "I'm Jane and I lost 80kg" type of claims. You can put them on the site showing what people look like at healthy weights but the testimonial type thing is prohibited.

yuliang11 · « **Reply #4 on:** November 10, 2012, 04:57 »

Thanks for the advices! especially from microius

this is a product that is running possibly a nationwide campaign of it's diet product on major pharmacies in a country. it's also included a lot of customer testimonials presumably fake. i think the exposure may cause a loss of confidence to the product. i have sent a message them directly with regards to the issue.

anyway i believe this photo was bought at shutterstock.

What is the best channel to deal against these act ? would filing a DCMA be possible ? or shall i just check with SS which i believe is futile

ShadySue · « **Reply #5 on:** November 10, 2012, 06:42 »

Hope you know from which agency the photo was purchased.
Like SS, iStock forbids this sort of use (but I've seen a good few in the 'in-use' forum)

"4. Standard License Prohibitions
(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section or permitted by an Extended License. For greater certainty, the following are “Prohibited Uses” and you may not:
...
7. use or display any Content that features a model or person in a manner (a) that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour;

(The most you'll get from iStock is a cease and desist.)

Microbius · « **Reply #6 on:** November 10, 2012, 07:38 »

Quote from: ShadySue on November 10, 2012, 06:42

Hope you know from which agency the photo was purchased.
Like SS, iStock forbids this sort of use (but I've seen a good few in the 'in-use' forum)

"4. Standard License Prohibitions
(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section or permitted by an Extended License. For greater certainty, the following are “Prohibited Uses” and you may not:
...
7. use or display any Content that features a model or person in a manner (a) that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour;

(The most you'll get from iStock is a cease and desist.)

That was the paragraph I was think of!