Pay me for my picture, says carnival dancer

THE ROYAL Mail is being threatened with legal action after it used a picture of a dancer on stamps and postcards for the Notting Hill Carnival without her consent.

Norma Charles says she feels exploited and is demanding compensation over the use of her image which appears on stamps currently on sale.

The case renews the debate over an individual's right to privacy in a public place and could prompt the introduction of stricter controls on the use of photographs taken in public.

Under copyright law a person has no control over the use of his or her photograph taken in public unless it is used in a defamatory way or to endorse a specific product.

However, Ms Charles, who is aged 45 and from West London, says the Royal Mail will make a considerable profit by using her photograph, which was taken at the carnival three years ago, to sell the special edition stamps and postcards.

"I feel like a slave that has been sold to the highest bidder," said Ms Charles, a trained contemporary dancer who has worked at the Royal Opera House.

"These stamps are selling like hot cakes and I feel I should be compensated. If the Royal Mail was donating the money to Dr Barnados or another charity, I would feel differently."

The first time Ms Charles realised her face was being gummed onto envelopes countrywide was when she visited her local Post Office.

The picture of her in costume was also being used in a Royal Mail presentation pack which included a commissioned poem, "Carnival Days" by Benjamin Zephaniah.

The photos on the stamps were intended to convey the spectacle of colour and the spirit of the masquerade parade through Notting Hill's streets.

However, this spirit has been degraded, says Ms Charles. "The carnival is a spiritual experience for many people including me. In Africa the belief is if you take a photograph of someone you take their soul.

"What if I had been ill or even died since it was taken? It could have caused great distress to my family. As it was, my mother had a go at me for not telling her," added Ms Charles.

The Advertising Standards Authority, which is the watchdog for ads, advises companies to obtain written permission from people who feature in campaigns.

"We do have guidelines on the protection of privacy which mainly cover offensive portrayals of people. However, we do sympathise with cases like these which can be very distressing," said a spokesman.

The Royal Mail says it did not know Ms Charles had not consented to the photograph. But it insists it is not responsible for compensating her.

"We bought the photograph in good faith. If there is any money due it should come from the photographic agency.

"We would expect them to obtain permission for it to be used," a spokeswoman said.

However, Images Colour Library, which supplied the picture, is convinced that it owes Ms Charles nothing.

It said in a statement: "All of the photographs we provide are done so according to stringent terms of copyright law. In this particular case the photograph in question in no way infringes this law."