Ben Root from Home Power here.

I'm not a wrench, nor a lawyer, but I do know a thing or two about the use of images...

"Unethical?"...yes. Though ethics are a value judgement, and thus open to interpretation.

Unfortunately, if the person isn't actually stating that the systems shown are their own installations, then it could be reasonably argued that they were using the images to represent generic "solar-ness" to set the stage for what their business provides. Even "educational" purposes could be argued (though not convincingly to those of us who know better).

If they shot the photos, then the image rights do belong to them and they can use them as they please. And if they weren't trespassing to shoot the subject matter (or had permission from the system owner), then there are no privacy rights being infringed upon.

If they do state that the system is their handiwork, then that's obviously unethical, and there may be legal accountability (but that's beyond my expertise, as it's more about false statements than the use of an image).

However, (and I've seen this in other industries) I'd bet that if you approached them on the subject, (not accusatory, but just as an FYI...educating them) they'd be so embarrassed at being caught, the behavior would stop immediately. Likely it's a new business person, just trying to get going, and scraping for any sense of professionalism to display. Instead, to be called on blatant unprofessionalism should be humbling to them.

To them a favor, by calling them out soon. And if they don't react red-faced and apologetically, then it tells you more about who they are as a business person than just "new and naive." Then maybe contact the BBB.

Ben


At 5:34 PM -0500 4/28/14, Rebecca Lundberg wrote:
I have come across a new (small) installer taking photos of solar projects that others installed, and promoting them on their web site in their "gallery" without getting permission or giving any credit to the installer. This seems unethical, and I'd like to be able to point to a law related to this so that my sites are not used in this way. Even if a customer gives this person permission to take a photo of their site, it doesn't make sense that this installer could imply any credit for this project by using it on their web site. Isn't there some kind of law that relates to this?

Thanks in advance for your input!

Keep Shining!

Rebecca Lundberg
NABCEP Certified Solar PV Installer ®
Owner/President
Powerfully Green®
763.438.1976 | [email protected]

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Benjamin M. Root
Art Director, Home Power Magazine

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