stopped Commercial Orphan Works Exploitation in the UK Digital Economy Bill Clause 43

"Why is my baby advertising loo roll?"

A new viral kindly submitted to us by a supporter, Laura Marsland, yet again illustrates the dangers of both misrepresentation and breach of privacy within the provisions of Clause 43.

In the UK, the use of images of people in advertisements and thereby endorsing products and services must have their subjects’ prior permission in the form of industry-standard signed
Model Releases, which act as a contract between the subject and photographer.

If orphan images are used in advertising, it cannot be known whether their subjects have given permission in this way. Furthermore,
there is no-one for a subject to sue for damages if their image is used in a way in which they don’t agree and have not or would not give permission. By definition, the photographers who created the photographs and hold the model releases if they exist, cannot be found.

Welcome to the future, everyone, if you fail to help prevent Clause 43 of the Digital Economy Bill from becoming law.