The photographs were taken when she was a student and the photographer made her sign a contract but did not clearly explain where exactly the images would be used and how. (Source: Shubnum Khan/ Twitter)
You often see faces of smiling men and women on ads. But do you know most of these images are used by the ad agencies without permission? Imagine of how you would feel if you see your photos being used in random ads? Well, here’s how one South African author took to Twitter to address the issue when she found out how her photos were being “misused”.
Shubnum Khan explained how, as a student, during her university days, she unknowingly gave a photographer the rights to her photos. Images that was going to be used as stock photographs across the world commercially from campaigns to advertisements and even testimonials.
So today I’m going to tell you the story of How I Ended Up with my Face On a McDonald’s Advert in China – A Cautionary Tale. Six or so years ago, a friend in Canada posted a pic on my FB wall to say she found an advert of me promoting immigration in a Canadian newspaper. pic.twitter.com/QJ0nWpYNmQ
— Shubnum Khan (@ShubnumKhan) July 28, 2018
She found out first time about it six years ago when randomly one of her images popped up on Canadian newspaper promoting rights of immigration.
Naturally I was shocked and… confused. I studied the pic and agreed that it was me. Now I didn’t mind that I was promoting immigration in Canada but I couldn’t understand why my face was in a paper all the way on that side of the world. pic.twitter.com/GBquWEFlek
— Shubnum Khan (@ShubnumKhan) July 28, 2018
Although she had no problem at the time, thinking it was a one time deal only, it did not end there. Over the years her photos have been used across the globe from America to China to sell products in ads, billboards, magazines over a zillion times without her any knowledge. More than often her identity, nationality, and profession are also changed as it suits the advertisers and she was shocked by all the revelations.
took photos of 100 various faces of all ages & races in Durban. Young friends & I were excited; we signed a release form at the start (I thought it was to give him permission to use the photos for his portfolio). We didn’t read the small print. I know. It was stupid. pic.twitter.com/wAykaSpcub
— Shubnum Khan (@ShubnumKhan) July 28, 2018
It feels like I sell everything! If I’m not welcoming immigrants to Canada, I’m selling carpets in NYC, leading treks in Cambodia, or looking for love in France.
Let’s start with something light: here I’m the face for dental sedation in Virginia Beach. Innocent enough, you say, pic.twitter.com/KScqqLCoLx
— Shubnum Khan (@ShubnumKhan) July 28, 2018
She contacted the photographer recently and wanted him to withdraw the pictures if not at least how her identity and image was being distorted, but in his defence, he said it was all done in a “legal way” and therefore not unethical. “I can also take on new identities. The most shocking of these are adverts to teach & care for kids – so who is actually with the kids? When I asked the photographer abt this, he says I signed away rights to ‘distortion of character including false names’,” she added on Twitter.
but then I get into the hard stuff and I’m all about getting rid of those pesky eye bags. Haloxyl is the stuff to inhibit facial muscle tightening and is the buzzword (obvs) in anti-ageing eye cream pic.twitter.com/38pzU18Ybo
— Shubnum Khan (@ShubnumKhan) July 28, 2018
And then suddenly all this facial work has you getting attention and you’re Dina M, with a baby and post pregnancy melasma until Dermolyte comes to the rescue and gives you photoshopped finished skin. pic.twitter.com/uC0BXZfiwU
— Shubnum Khan (@ShubnumKhan) July 28, 2018
but once that’s all treated you can grace some book and magazine covers. pic.twitter.com/GwBOziNUmS
— Shubnum Khan (@ShubnumKhan) July 28, 2018
I can also take on new identities. The most shocking of these are adverts to teach & care for kids – so who is actually with the kids? When I asked the photographer abt this, he says I signed away rights to ‘distortion of character including false names’. pic.twitter.com/2MzIZPAfi5
— Shubnum Khan (@ShubnumKhan) July 28, 2018
Also, I love my ethnicity varies according to whim. I’m Seng Bonny leading Cambodian tours, Phoebe Lopez from San Francisco, Kelsi from San Francisco, Chandra from California, Christine from LaTrobe Uni, Dina M etc. pic.twitter.com/p105obTnLH
— Shubnum Khan (@ShubnumKhan) July 28, 2018
I’ve also looked for love online on a French dating website. This roughly translates to: ‘I’m here, do not click too hard I’m fragile. Here I am looking prince charming of my dreams, who comes on his white horse to steal my heart…’ pic.twitter.com/Qod17B3LSf
— Shubnum Khan (@ShubnumKhan) July 28, 2018
And the list goes on; numerous testimonials for different products, someone spotted a poster at a bustop in London, posters for McDonald’s in India, China and S Korea, banking brochures, eye clinics, make up websites, laser eye treatments etc. pic.twitter.com/D9ODY9k45R
— Shubnum Khan (@ShubnumKhan) July 28, 2018
However, after much debate, she convinced him to take down the photographs from his website but he warned her that her image still might be in use if someone has already purchased them once.
He explained he was sorry I felt hard done by but it was all legal & explained to us beforehand (I really don’t rem anyone telling me my pic would become a stockphoto & that it could be distorted) pic.twitter.com/lQapT2igXU
— Shubnum Khan (@ShubnumKhan) July 28, 2018
The thing is I’ve laughed over the years about this and it’s a great party story and I do find some of the images hilarious and I still laugh when people find me randomly advertising for teeth implants while browsing a paper in New York,
— Shubnum Khan (@ShubnumKhan) July 28, 2018
With an idea to make more people aware, she shared the experience so that others would not have to face a similar thing.
Also this could have gone badly – my photo could have come up in a wrong place (I mean, the right to ‘distort photo and character!’) is scary af and so if anything, I hope my story is also a cautionary tale to be careful what you sign
— Shubnum Khan (@ShubnumKhan) July 28, 2018
It’s also pretty telling of how easily you can be exploited in this new age & how startlingly deceptive everything is. Those testimonials are fake, those adverts are fake. Your holiday tour guide, your tutor or your future bride could just be some random uni student living her pic.twitter.com/0OgvX1hQ21
— Shubnum Khan (@ShubnumKhan) July 28, 2018
Be clever. Be aware. Don’t get caught up. I’m sure I could have made some money out of this, but instead I’m out there promoting acne cream while someone else gets the profits.
And now you know.
— Shubnum Khan (@ShubnumKhan) July 28, 2018
There are more pics – some I forgot to save, some I’ve heard of and of course, those that I don’t even know about. Their appearances have certainly been lessening after the photographer told me he took them down so that’s been welcome.
— Shubnum Khan (@ShubnumKhan) July 28, 2018
Most people on Twitter found it very creepy and called it an “eye-opener” and asked others to be careful.
The photographer who took her picture lied and misrepresented what he was doing with her pictures. Not cool. Be fair and respectful of the people you photograph. https://t.co/zY3bC09pJt
— Gulf Photo Plus (@gulfphotoplus) July 29, 2018
This thread …well worth a read on the ad industry and stock photos https://t.co/49ivXRsanB
— khaled hussain (@Idiosyncritic0) July 29, 2018
Shit. All those photo shoots I did in my early 20s😭 https://t.co/3Sr0clmsnm
— Your Favourite Nerd (@YumzyBumzy) July 29, 2018
Read ANYTHING you are asked to sign CAREFULLY. NEVER sign away moral rights or the right to distortion of character. This woman accepts the results with great dignity but shouldn’t have to. She should be given a list of all companies using her image and rightfully compensated. https://t.co/5Mbk01NGEw
— Ryan Black (@RyanRBlack) July 29, 2018
This thread is all sorts of eye opening. https://t.co/1ThPhxL3BD
— ░G░a░n░p░y░ (@ganpy) July 29, 2018
You could do TED talks on this! Creepy as hell. https://t.co/ZZKUWoylHL
— Vern Bentos (@Vernbentos) July 29, 2018
Unbelievable thread about how a random photoshoot can land you up in completely random advertisments across the globe. And we think that the faces promoting any product would atleast know what they are signing up for. Turns out they don’t. https://t.co/0txB21CJS8
— Naveed Trumboo (@NaveedIRS) July 29, 2018
Oh wow.
Always read the small print of the release form you should always be given on any photo shoot/photographic work you do. Unless you want to be a stock model like this: #actors #modelling #Students https://t.co/NgEb2aBIiA— Jane Staiano 🇪🇺 (@JaneStaiano) July 29, 2018
This is really scary, and a must read. https://t.co/iVvksy855M
— Jerusha Sequeira (@Jerusha_Seq) July 29, 2018
How your photo can travel. It’s scary. Be aware! https://t.co/Cwsfl8jNOe
— Haroun. (@DorkyMcDarkFace) July 29, 2018
Wow! Just wow..
Story continues below this adMy 3 takeaways from reading this thread >> (1) if anything is offered to you for free, YOU are the product (credit @ValaAfshar ); (2) read the small print, before you accept “freebies” and (3) careful what you see on the internet – it’s not always what it seems https://t.co/RVDuw7IDQ6
— Tirus Mwithiga (@mwithigat) July 29, 2018
Love love love this thread!
Read it to be educated about the power of your signatures, free photo shoots and the reality of internet testimonials. https://t.co/OTD2w280c9
— Ell_Enn (@ell_enn) July 29, 2018
Oh wow. A quite shocking and confronting cautionary tale: https://t.co/l7JNJXK5Q4
— Marloes van Meel (@MarloesvanMeel) July 29, 2018
What do you think about this incident? Tell us in comments below.