Don Barzini
Assistant Pro
My local Asda offer a service whereby you can upload a photo to a machine from your phone and they'll print it out onto a birthday cake for you. I have done this before at the same branch and on that occasion it was for my youngest son and they printed a picture of Brennan Johnson with no issues.
It's now my oldest son's birthday and I thought I'd do the same for him. I found a picture of his favourite player Alisson Becker on Google, uploaded it to the machine and went to the bakery to collect. Woman came out from the back and said "Sorry we can't print this. It's a footballer. We're not allowed to for copyright reasons." I looked puzzled, expressed my surprise and explained I'd done it before at the same branch with no issues. She said "Well whoever did it shouldn't have done. It's us who'll get the fine." So I had to leave it.
Now, I don't wish to have a go at Asda or their staff. I have no doubt the woman was correct in everything she said. Them's the rules, that's the law and the staff member who did the previous one for me was either ignorant of that, didn't clock that it was a footballer, or didn't care.
What I am very interested in is the actual application of this law. Specifically, in what scenario and circumstances would Asda actually end up on the receiving end of a fine if they had printed a picture of Alisson on my son's birthday cake? How would the chain of events go which ended in them having to pay out?
In my case I'd take the cake home, my son would love it, we'd eat it and that would be the end of it. But I suppose in theory "someone" could see that cake and set off a legal chain of events. But who could bring this case about? Would it have to be Alisson himself (or his representaives)? Does he own the copyright to his image? Would it perhaps be his employers, Liverpool FC who instructed their lawyers to go after Asda? Would it be the person who took the picture, or the company who employs him/her? Or could it just be any random busybody - and if so, where would they direct their complaint about this?
As said, I'm not seeking to slag off Asda. Just genuinely interested in these issues!
It's now my oldest son's birthday and I thought I'd do the same for him. I found a picture of his favourite player Alisson Becker on Google, uploaded it to the machine and went to the bakery to collect. Woman came out from the back and said "Sorry we can't print this. It's a footballer. We're not allowed to for copyright reasons." I looked puzzled, expressed my surprise and explained I'd done it before at the same branch with no issues. She said "Well whoever did it shouldn't have done. It's us who'll get the fine." So I had to leave it.
Now, I don't wish to have a go at Asda or their staff. I have no doubt the woman was correct in everything she said. Them's the rules, that's the law and the staff member who did the previous one for me was either ignorant of that, didn't clock that it was a footballer, or didn't care.
What I am very interested in is the actual application of this law. Specifically, in what scenario and circumstances would Asda actually end up on the receiving end of a fine if they had printed a picture of Alisson on my son's birthday cake? How would the chain of events go which ended in them having to pay out?
In my case I'd take the cake home, my son would love it, we'd eat it and that would be the end of it. But I suppose in theory "someone" could see that cake and set off a legal chain of events. But who could bring this case about? Would it have to be Alisson himself (or his representaives)? Does he own the copyright to his image? Would it perhaps be his employers, Liverpool FC who instructed their lawyers to go after Asda? Would it be the person who took the picture, or the company who employs him/her? Or could it just be any random busybody - and if so, where would they direct their complaint about this?
As said, I'm not seeking to slag off Asda. Just genuinely interested in these issues!
