NWR: Weird work situation

WildMagelet

So apparently one of our higher ups wants a calendar for our facility.  As far as I can tell, every department has turned the photographer down regarding this request.  He then went to each of the department heads really pushing it.  No one can answer what they want to do with it exactly - the assumption is that they want to sell it to people who work in the facility to hang in their offices or something.

For those of you who don't know, I work in a penal institution with a male population.  I have ZERO desire to be photographed and hung in an office anywhere, let alone outside of the building I work in where it can be readily viewed by any inmates that go into the offices/classrooms in the other buildings.  It's uncomfortable.

The photographer showed up today and I left the room.  My co-workers go him to postpone it until Friday, apparently.  None of them want to take the photo either.  

I've only been here for a few months and don't want to come across as not being a "team player", but I'm really dreading the idea of it.  

I'm prepared to say no again, but I'm not sure which way I should go if they continue to push it.  My first thought is to get one of our union reps involved.  There is no directive anywhere in my contract saying I need to pose pretty for a calendar photo.  (I'm not a lawyer, but I'm assuming there are also legal issues involved with selling a photo of someone without their permission.)

WWNEYD?

phira

In your shoes, I would keep saying no, do some research about legality, and talk to your union reps. Because sweet Jesus, no.

IrishPirate60

As someone who works in a jail and used to work in prison, this is a no brainer. The answer is NO. They can take pictures of odd architecture, or flowers blooming somewhere unexpected, or a close up of handcuffs. Someone just didn't think this one through.

MsSparky

That would get a NO from me too. If you're uncomfortable don't do it, and absolutely get your union rep involved

Hummingbird125

I wouldn't be okay with that regardless of working in a prison! If I were you, I'd just try to politely say that you don't wish to participate. If they push the issue, ask to speak with a supervisor and let her/him know that you are very uncomfortable with the idea of having your photo taken for this purpose, and you will not be taking part.

minskat30

Hell no.  I second what others have said, just tell them "no, thank you" and walk away.  I seriously doubt this is part of your job description.

AuroraRose41

I have been photographed a few different times at different workplaces/my college/etc. (though have never worked in a prison), and every single time I needed to sign a waiver saying that I gave the employer/university/etc. permission to distribute my picture. I don't see any reason why a penal institution would be any different, as long as it was not in your original contract of employment (which you said that you didn't see it listed anywhere). 

I would also just keep saying no.

speakeasy14

I agree with everyone else, keep saying no.  Research the legality for your state and with your union.  I'm sure if everyone is objecting they will realize this is a bad idea and decided against a company calendar. 

[Deleted User]

I'll just echo @phira - "Sweet Jesus no."

Irrelevant of where you work, no one should be able to use your image without your permission--and if you explicitly tell them "No," that should (in theory) take care of it. If it doesn't, I'd talk to the union rep.

WildMagelet

Glad I'm not crazy.  I like my co-workers, but if I wanted to picture with them it would be outside of work for personal use, not on a creepy institution wall calendar.

ETA:  I did some more googling and came up with this:

"Most states either have a common law tort called invasion of privacy or a statutory right to publicity that prohibits the use of an individual’s name or likeness for the benefit of the user without the individual’s consent. In some states, Illinois for example, this right is limited to commercial uses." 

and

IRPA defines “commercial purpose” as:

(i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services;

(ii) for purposes of advertising or promoting products, merchandise, goods, or services; or

(iii) for the purpose of fundraising."

So regardless if they're wanting to do #1 or #3, which are the two possible options I can think of, its still illegal.

WildMagelet

Well, I didn't have to fight anybody about it yesterday.  The photographer never came back by our office (oh, darn).  I have vented about it to a few more people who also thought it was a stupid and terrible idea.  Now I'll be OOT for training for a week so hopefully they just drop it.  If not I guess I'll have to go next door and grab the closest union rep and say "Please help me deal with this.  This is beyond ridiculous."