[RE-wrenches] Publicity rights?

[Benjamin Root]

Ben Root from Home Power here.

I'm not a wrench, nor a lawyer, but I do know a 
thing or two about the use of images...

"Unethical?"...yes. Though ethics are a value 
judgement, and thus open to interpretation.

Unfortunately, if the person isn't actually 
stating that the systems shown are their own 
installations, then it could be reasonably argued 
that they were using the images to represent 
generic "solar-ness" to set the stage for what 
their business provides. Even "educational" 
purposes could be argued (though not convincingly 
to those of us who know better).

If they shot the photos, then the image rights do 
belong to them and they can use them as they 
please. And if they weren't trespassing to shoot 
the subject matter (or had permission from the 
system owner), then there are no privacy rights 
being infringed upon.

If they do state that the system is their 
handiwork, then that's obviously unethical, and 
there may be legal accountability (but that's 
beyond my expertise, as it's more about false 
statements than the use of an image).

However, (and I've seen this in other industries) 
I'd bet that if you approached them on the 
subject, (not accusatory, but just as an 
FYI...educating them) they'd be so embarrassed at 
being caught, the behavior would stop 
immediately. Likely it's a new business person, 
just trying to get going, and scraping for any 
sense of professionalism to display. Instead, to 
be called on blatant unprofessionalism should be 
humbling to them.

To them a favor, by calling them out soon. And if 
they don't react red-faced and apologetically, 
then it tells you more about who they are as a 
business person than just "new and naive." Then 
maybe contact the BBB.

Ben


At 5:34 PM -0500 4/28/14, Rebecca Lundberg wrote:
>I have come across a new (small) installer 
>taking photos of solar projects that others 
>installed, and promoting them on their web site 
>in their "gallery" without getting permission or 
>giving any credit to the installer. This seems 
>unethical, and I'd like to be able to point to a 
>law related to this so that my sites are not 
>used in this way. Even if a customer gives this 
>person permission to take a photo of their site, 
>it doesn't make sense that this installer could 
>imply any credit for this project by using it on 
>their web site. Isn't there some kind of law 
>that relates to this?
>
>Thanks in advance for your input!
>
>Keep Shining!
>
>Rebecca Lundberg
>NABCEP Certified Solar PV Installer ®
>Owner/President
>Powerfully Green®
>763.438.1976 | Rebecca.Lundberg at PowerfullyGreen.com
>
>Powered by the Sun!
>

-- 

Benjamin M. Root
Art Director, Home Power Magazine

mailto:ben.root at homepower.com
phone 541.531.3377
http://www.homepower.com
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