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Use of image (consent form)

Use of image (consent form)

Use of image (consent form)

(OP)
Hi all,

I am in the process of enrolling in a program that assists skilled people to find a career path (this is a broad program which includes potential financial support, mentoring / networking sessions, assistance for professional credential evaluation and eventually work placement opportunities). There is an application to enroll which I was filling in until I came across this:

One of consent forms, clauses go like this...(excerpt):

MY IMAGE MAY BE USED AND DISCLOSED FOR BROAD PURPOSES AND THE RECORDINGS USED IN ANY MANNER...

Unless otherwise agreed in writing, I unconditionally and perpetually consent, authorize and grant to XXX all necessary authority, right and license throughout the World, and in their sole discretion, to: a) store and Use my Image ....b) unlimited use or exploitation of the Recordings for any internal or external purpose, including for public relations, public promotion, advertising....and c) the right to alter, change or modify
my Image and/or the Recordings or to combine or incorporate all or any parts of my Image and/or the Recordings into
other works
, create derivative works from my Image and/or the Recordings and the right to use my Image and/or the
Recordings alone or in combination with other persons or images...


Would you sign a declaration of form like this?

RE: Use of image (consent form)

Any time you are walking out in public, there is an implied possibility that the very same thing could happen. If someone is making a movie or commercial, and you happen to walk past the scene, they owe you nothing if your image happens to appear. It's different if you're one of the paid actors in that movie or commercial.

RE: Use of image (consent form)

The consent form goes way beyond just using your image as collected; they're talking about derivative works and, essentially, the right to extract any portion or all of your image and do whatever they feel like doing with it, i.e., based on the language, they could put you in a porn film based on your consent given.

TTFN (ta ta for now)
I can do absolutely anything. I'm an expert! https://www.youtube.com/watch?v=BKorP55Aqvg
FAQ731-376: Eng-Tips.com Forum Policies forum1529: Translation Assistance for Engineers Entire Forum list http://www.eng-tips.com/forumlist.cfm

RE: Use of image (consent form)

(OP)
The choice is biased. If you need to be part of the program for social / professional reasons, this is abusive because it takes advantage of your weakened position. The option to opt out would give you latitude to choose freely (based on your personal choice). Same happens with prostitution, I guess they could opt out but they are there by personal choice...
They could argue you that the ethical dimension is disproportionate, well I own my body, I own my image.

RE: Use of image (consent form)

(OP)
An entity supporting engineers in their endeavors would never do that. How can such type of "derivative work" be suggested, if not to serve a hidden agenda (being offensive to someone being first thing coming to mind).

Saying signing the consent form is a "personal choice" is not something I agree with.

A program that could increase (by many folds) your chances to land an engineering position could be vital.
When it asks you to compromise on privacy, then the ethics becomes questionable this means forced choice.

RE: Use of image (consent form)

Quote (rotw)

Saying signing the consent form is a "personal choice" is not something I agree with.
I would tend to agree... it's like saying a prostitute choosing to sleep with a John is a "personal choice". If she's doing it because of financial hardship, well...

The wording seems a bit too all-encompassing for my tastes. It's lawyer talk, to be sure. They want to cover their rears, but the language should cover reasonable use of the image (as in, we can use it in any way we desire, as long as it is aimed towards the original goal of this program).

Dan - Owner
http://www.Hi-TecDesigns.com

RE: Use of image (consent form)

How is that the same? There's ostensibly nothing illegal or unethical about the program in question. The images and the consent form are incidental, and again, neither are illegal or unethical on your part. Therefore, it's a personal choice; you can either take the conservative route and not sign or depend on their good graces not to abuse your images. I don't see anywhere that suggests you are being coerced or otherwise choice-constrained here. You can also sign and strikeout anything you disagree with.

Moreover, I've seen nothing here that even suggests that signing the consent is part and parcel to participating in this program. Aside from the language, which is onerous, this is something that my kid would get for summer camp, and we simply declined to sign, and nothing else happened.

So, it is your own decision to make, and that makes it a personal choice.

TTFN (ta ta for now)
I can do absolutely anything. I'm an expert! https://www.youtube.com/watch?v=BKorP55Aqvg
FAQ731-376: Eng-Tips.com Forum Policies forum1529: Translation Assistance for Engineers Entire Forum list http://www.eng-tips.com/forumlist.cfm

RE: Use of image (consent form)

If you don't mind seeing your picture photoshopped in before/after weight loss advertisements, go for it. I'd probably strike the alter/change/modify/derivative language, save a copy for myself, sign and turn it in. It will probably be scanned and filed, and nobody will even notice the strike through.

RE: Use of image (consent form)

HA! You've already signed away more rights than that if you own a cell phone.

RE: Use of image (consent form)

(OP)
I have been using an old cell phone (most basic) and succeeded to make useful applications work (GPS, chat, etc).
Unfortunately the big social media players have made most of the applications non compatible with the phone.
Now you must say yes to all terms and conditions before you could use the applications. I am completely puzzled why on earth an online banking application wants to access my contact names, personal photos/video, access to sms messages...etc.

RE: Use of image (consent form)

The Wells Fargo banking app can use the camera to take pictures of checks so you can deposit checks without going anywhere near a bank.

One of the two-factor authentication offered sends texts (SMS) messages to your phone with a code that unlocks your account.

TTFN (ta ta for now)
I can do absolutely anything. I'm an expert! https://www.youtube.com/watch?v=BKorP55Aqvg
FAQ731-376: Eng-Tips.com Forum Policies forum1529: Translation Assistance for Engineers Entire Forum list http://www.eng-tips.com/forumlist.cfm

RE: Use of image (consent form)

(OP)
Your are arguing on example. I am pointing to bottom line: there is a dozen of applications where the legitimacy of access to certain type of information via or stored in the phone is more than questionable.

RE: Use of image (consent form)

(OP)
We have a different perspective on the definition of "personal choice" and this is not going to resolve.

When enrolling into certain programs or websites, you are given the choice to accept or not newsletters, or participate to survey, etc. and you dispose of the freedom to say either yes or no (or later) without any impact on your enrollement. This is what I call personal choice. If you don't accept an application T&C's, you simply could not use its services.

If I am to put myself in a condition of social / professional struggle (in the subject topic, this boils down to added difficulties to land a job position in absence of a service provider support) as consequence of your definition of personal choice, that choice is not freely consented.

We can go on and on like this for a while, if you want to.

RE: Use of image (consent form)

Never!

RE: Use of image (consent form)

I signed a similar waiver to use image when I did a modeling gig for Astra-Zenica. I was only a little concerned, but then the drug ads where my image was used were removed because of problems with the drug, I was disappointed. Better just to ask the photographer for some copies and use at your own discretion.

If you are offended by the things I say, imagine the stuff I hold back.

RE: Use of image (consent form)

@OP,

you should consider the context. I would assume its a general "cover my arse" clause that will allow them to use pictures and movies taken during your course/training for marketing and/or training without having to track down the persons in the actual picture. If you pay for this - then i think you should do whatever you prefer (refuse to sign and get in writing that they wont use you picture) or sign. I dont think it will allow them to publicize any embarrassing pictures or similar anyway.

Best regards, Morten

RE: Use of image (consent form)

Quote (rotw)

Would you sign a declaration of form like this?

absolutely not... look what happened to Linda Lovelace...

Dik

RE: Use of image (consent form)

Quote (Ron)

Never!

Ya didn't say it loud enough, "NEVER."

RE: Use of image (consent form)

ROTW,
I wouldn't sign it.
You will be more than just a "passerby on the street", you are a member of a group and your name would be associated with whatever work or modification is attempted with your image/voice.
What a pain, though, that they are foisting this upon you. They may be accustomed to people just going along with everything, and probably will act that way when you raise an objection. Do what you can to have that struck from the agreement, and if they raise a fuss, explain to them how you value your integrity, and conditions like this can be used to undermine it. Have prepared something like the image below to demonstrate to anyone who asks, why you would object to consenting to this.
I'm pretty sure the politician mocked in this image did not consent to this modification - and you shouldn't either.

STF

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