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Advice please, I am devastated. Not a troll post

 
mon KeyHanger
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User ID: 68996235
Philippines
07/01/2017 11:00 AM
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Advice please, I am devastated. Not a troll post
Head totally cooked. We lost our daughter recently in NEW ZEALAND DUE TO AML CANCER ...and took her ashes to her home country, the Philippines. we interned her today. After the service we find her pics plastered over Facebook and a department store website with many branches in Australia and NZ promoting cosmetics. The theme is look good feel better. Sheesh my wife is distraught and in pain as it is ...now this.
I have hit the bottle...what is best course of action? Serious here ...not a troll..be nice please.
mon KeyHanger
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07/01/2017 11:06 AM
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Re: Advice please, I am devastated. Not a troll post
You can request to have the photos removed, though it's unlikely.

I am very very sorry for your loss. Heartbreaking.
Deadpool Loves You

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07/01/2017 11:11 AM
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Re: Advice please, I am devastated. Not a troll post
she will live forever in internet cache.

be happy.
The universe is basically an animal. It grazes on the ordinary. It creates infinite idiots just to eat them.

The Rickest Rick Sanchez comments are meant for entertainment purposes only and should not be construed to reflect the feelings and opinions, implied or expressed, of the author.
mon KeyHanger  (OP)

User ID: 68996235
Philippines
07/01/2017 11:15 AM
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Re: Advice please, I am devastated. Not a troll post
Your comment is reasonable but...more info... the pics are of her under chemo and no permission was given to publish them. They were taken by a so called charity foundation that says by using cosmetics they can make patients feel good. Now it appears they are being used in the market place to promote cosmetic sales. She was a very photogenic young woman even in chemo.
mon KeyHanger
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User ID: 75049490
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07/01/2017 11:18 AM
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Re: Advice please, I am devastated. Not a troll post
Is there a comment section where the photo's are posted?
Jella

User ID: 70720051
United States
07/01/2017 11:19 AM
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Re: Advice please, I am devastated. Not a troll post
Your comment is reasonable but...more info... the pics are of her under chemo and no permission was given to publish them. They were taken by a so called charity foundation that says by using cosmetics they can make patients feel good. Now it appears they are being used in the market place to promote cosmetic sales. She was a very photogenic young woman even in chemo.
 Quoting: mon KeyHanger


Legal cease and desist.. unless unknown to you, the daughter signed something allowing it? Sorry for your loss.
Jella
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United Kingdom
07/01/2017 11:19 AM
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Re: Advice please, I am devastated. Not a troll post
Sounds like you need legal counsel
BBQ Kitty

User ID: 73547733
United States
07/01/2017 11:23 AM
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Re: Advice please, I am devastated. Not a troll post
Your comment is reasonable but...more info... the pics are of her under chemo and no permission was given to publish them. They were taken by a so called charity foundation that says by using cosmetics they can make patients feel good. Now it appears they are being used in the market place to promote cosmetic sales. She was a very photogenic young woman even in chemo.
 Quoting: mon KeyHanger


I'm so sorry for your loss, how devastating.

That is in really poor taste for them to use a chemo patient's photos without her or your family's permission.

I dont know what the law is where you live, but I know in the magazine industry we always had to get photo release forms signed before we could publish photos of people. I don't know if it was just a courtesy or really illegal not to though.

Last Edited by WhiteKitty on 07/01/2017 11:45 AM
Anonymous Coward
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07/01/2017 11:24 AM
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Re: Advice please, I am devastated. Not a troll post
Oh gosh...they were even of her during the illness? ?People will do anything to make money.

Get a lawyer...thats probably the best advice
mon KeyHanger  (OP)

User ID: 68996235
Philippines
07/01/2017 11:25 AM
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Re: Advice please, I am devastated. Not a troll post
Is there a comment section where the photo's are posted?
 Quoting: Anonymous Coward 75049490


Yes have posted reflecting my disdain and disgust at their marketing strategy being the parent of the deceased.
mon KeyHanger
BBQ Kitty

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United States
07/01/2017 11:29 AM
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Re: Advice please, I am devastated. Not a troll post
If the photos are being used for marketing and advertising (or profit), I believe the photographer has exclusive rights unless thy give permission or get paid by someone to use them for that purpose.

Not sure if the photos were taken by just a staff person at the charity or a professional photographer. If so, I would also try to find out the name of the photographer.

Last Edited by WhiteKitty on 07/01/2017 11:30 AM
mon KeyHanger  (OP)

User ID: 68996235
Philippines
07/01/2017 11:35 AM
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Re: Advice please, I am devastated. Not a troll post
Oh gosh...they were even of her during the illness? ?People will do anything to make money.

Get a lawyer...thats probably the best advice
 Quoting: JypsieWind


Thanks all. Gotta give my wife some attention now. She totally upset. I think the lawyer point will be followed as soon as I return to UK. Flying soon. Pity I have to leave my daughter's mother in such a state. The money grabbing bastards will always use other people, but this kind of thing is bloody beyond anything I could ever expect. Thanks for your comments all.
mon KeyHanger
mon KeyHanger  (OP)

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Philippines
07/01/2017 11:37 AM
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Re: Advice please, I am devastated. Not a troll post
If the photos are being used for marketing and advertising (or profit), I believe the photographer has exclusive rights unless thy give permission or get paid by someone to use them for that purpose.

Not sure if the photos were taken by just a staff person at the charity or a professional photographer. If so, I would also try to find out the name of the photographer.
 Quoting: BBQ Kitty


Yes I see this, but surely a little heart and common decency would override this.
What a friggin world we live in. sheesh
mon KeyHanger
Anonymous Coward
User ID: 75107788
Canada
07/01/2017 11:42 AM
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Re: Advice please, I am devastated. Not a troll post
Head totally cooked. We lost our daughter recently in NEW ZEALAND DUE TO AML CANCER ...and took her ashes to her home country, the Philippines. we interned her today. After the service we find her pics plastered over Facebook and a department store website with many branches in Australia and NZ promoting cosmetics. The theme is look good feel better. Sheesh my wife is distraught and in pain as it is ...now this.
I have hit the bottle...what is best course of action? Serious here ...not a troll..be nice please.
 Quoting: mon KeyHanger


Is it for a charity promoting self esteem or other cause that your daughter supported while ill? If so, it is a very positive part of her legacy. If not, simple lawyer's letter along with FB shaming campaign (double whammy). I hope it's the former.
Innocentfishingboat

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United States
07/01/2017 11:43 AM
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Re: Advice please, I am devastated. Not a troll post
I hate that this happens with the images, especially of children.

Make lemonade, as there is literally no way to fight the virality of market image sHaring and to attempt it will only bring more pain.

I'm so sorry for your loss.
I didn't mean to do that...or did I?
Anonymous Coward
User ID: 63082821
United States
07/01/2017 11:44 AM
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Re: Advice please, I am devastated. Not a troll post
Head totally cooked. We lost our daughter recently in NEW ZEALAND DUE TO AML CANCER ...and took her ashes to her home country, the Philippines. we interned her today. After the service we find her pics plastered over Facebook and a department store website with many branches in Australia and NZ promoting cosmetics. The theme is look good feel better. Sheesh my wife is distraught and in pain as it is ...now this.
I have hit the bottle...what is best course of action? Serious here ...not a troll..be nice please.
 Quoting: mon KeyHanger


If they are using her picture for commercial purposes, you have standing as her legal guardians to represent her estate and sue the cosmetics company for appropriation of likeness. Get a lawyer and ask if you can sue them until they can't exist anymore. That's unnaceptable.

I am deeply sorry for your loss.
BBQ Kitty

User ID: 73547733
United States
07/01/2017 11:44 AM
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Re: Advice please, I am devastated. Not a troll post
If the photos are being used for marketing and advertising (or profit), I believe the photographer has exclusive rights unless thy give permission or get paid by someone to use them for that purpose.

Not sure if the photos were taken by just a staff person at the charity or a professional photographer. If so, I would also try to find out the name of the photographer.
 Quoting: BBQ Kitty


Yes I see this, but surely a little heart and common decency would override this.
What a friggin world we live in. sheesh
 Quoting: mon KeyHanger


It might. I hope so, that is just really wrong. When my fiance died of cancer he was so emaciated in the end and thats not always how you want to remember your loved one.

I really doubt it's legal for them to use her photos for marketing and advertising (for profit) without her written consent.
Anonymous Coward
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United States
07/01/2017 11:49 AM
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Re: Advice please, I am devastated. Not a troll post
Head totally cooked. We lost our daughter recently in NEW ZEALAND DUE TO AML CANCER ...and took her ashes to her home country, the Philippines. we interned her today. After the service we find her pics plastered over Facebook and a department store website with many branches in Australia and NZ promoting cosmetics. The theme is look good feel better. Sheesh my wife is distraught and in pain as it is ...now this.
I have hit the bottle...what is best course of action? Serious here ...not a troll..be nice please.
 Quoting: mon KeyHanger


If they are using her picture for commercial purposes, you have standing as her legal guardians to represent her estate and sue the cosmetics company for appropriation of likeness. Get a lawyer and ask if you can sue them until they can't exist anymore. That's unnaceptable.

I am deeply sorry for your loss.
 Quoting: It's Time


PS, I really feel like the lawyer will say yes, because once they crossed that line and used her image for cosmetic sales, 1) they are using it for commercial purposes and 2) if they have any permission to use her image for one purpose that is not commercial, that does not transfer to using her image for commercial purposes.

I really, really think you should get a lawyer, and this is one of the things that they are actually good for. One of the good deeds they do in this world. The company should not be allowed to appropriate your daughter's image like this, and they will do it to others until they are stopped.





GLP