Image theft "Facebook"
828 posts
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Posted 26/01/2013 - 17:57
The original author retains copyright unless he specifically gives it away or sells it to a third party. It is only the IP (copyright) owner who can (legally) exploit it for commercial gain.
Have a look at the Government IP web site: http://www.ipo.gov.uk/c-ownership-faq-who.htm
and lots of other pages on the same site.
Andrew
Flickr photostream
Have a look at the Government IP web site: http://www.ipo.gov.uk/c-ownership-faq-who.htm
and lots of other pages on the same site.
Andrew
Flickr photostream
Link
Posted 26/01/2013 - 17:59
I can't advise legally but I read this story a lot over on Talk Photography under their Business forum. Usually the advice is to request to take down the pictures or send an invoice for their use.
May be worth checking over there as it is such a common question.
edit - Andrew's is a much better reply!
May be worth checking over there as it is such a common question.
edit - Andrew's is a much better reply!
Last Edited by woodworm on 26/01/2013 - 17:59
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Posted 26/01/2013 - 18:13
Issue a take-down notice, giving say 10 days for that to happen. Most sites in countries where the notion of a legal jurisdiction means something will comply. If you are serious about enforcing your rights you may have to go further if the take-down notice is ignored. Publishers will do that because ultimately their livelihood is at some risk if they don't, but the expense is not likely to be worth it in the case you've described. The best guard against this sort of thing (as you realise) is to make the file unusable, in one of the ways you describe.
But the legal position, which you ask about, is quite clear. You control all the rights.
Regards, Christopher
ChristopherWheelerPhotography
But the legal position, which you ask about, is quite clear. You control all the rights.
Regards, Christopher
ChristopherWheelerPhotography
33 posts
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Posted 26/01/2013 - 18:39
Could you point me to somewhere with information to this effect...?
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"Intellectual brilliance is no guarantee against being dead wrong" Carl Sagan
CMW wrote:
Issue a take-down notice, giving say 10 days for that to happen. Most sites in countries where the notion of a legal jurisdiction means something will comply. If you are serious about enforcing your rights you may have to go further if the take-down notice is ignored. Publishers will do that because ultimately their livelihood is at some risk if they don't, but the expense is not likely to be worth it in the case you've described. The best guard against this sort of thing (as you realise) is to make the file unusable, in one of the ways you describe.
But the legal position, which you ask about, is quite clear. You control all the rights.
Issue a take-down notice, giving say 10 days for that to happen. Most sites in countries where the notion of a legal jurisdiction means something will comply. If you are serious about enforcing your rights you may have to go further if the take-down notice is ignored. Publishers will do that because ultimately their livelihood is at some risk if they don't, but the expense is not likely to be worth it in the case you've described. The best guard against this sort of thing (as you realise) is to make the file unusable, in one of the ways you describe.
But the legal position, which you ask about, is quite clear. You control all the rights.
My website
Flickr
Pentax Photo Gallery
"Intellectual brilliance is no guarantee against being dead wrong" Carl Sagan
Link
Posted 26/01/2013 - 18:39
Another reason why I refuse to succumb to the "Zuckerberg virus"!! If you try to permanently erase a Facebook profile, the ability to do so is so deeply buried on their site, it would take you hours to find it! Then when you do eventually find it, they then tell you that "your profile will remain on their servers for a "grace" period of 14 days". The "lie" they feed you is that they do so "in case you change your mind about permanent deletion". I personally believe it's so that they get one last chance to harvest all of your personal data for Facebook's own personal gain!
I would never expect a Government agency to sell personal details for commercial gain, so what gives Facebook the right to do so?
I like the idea of invoicing these people for stealing your work, or sueing the ass off of them, but I suspect that it is not "cost-effective" to the everyday guy, and more suited to large corporations to pursue for copyright infringement, but I hope you get this resolved to your satisfaction anyway.
I would never expect a Government agency to sell personal details for commercial gain, so what gives Facebook the right to do so?
I like the idea of invoicing these people for stealing your work, or sueing the ass off of them, but I suspect that it is not "cost-effective" to the everyday guy, and more suited to large corporations to pursue for copyright infringement, but I hope you get this resolved to your satisfaction anyway.
Link
Posted 26/01/2013 - 18:44
Exactly right, Im the little guy being abused and taken advantage of.
Id sue if i could afford to.... But im unemployed so...
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"Intellectual brilliance is no guarantee against being dead wrong" Carl Sagan
Id sue if i could afford to.... But im unemployed so...
steven9761 wrote:
Another reason why I refuse to succumb to the "Zuckerberg virus"!! If you try to permanently erase a Facebook profile, the ability to do so is so deeply buried on their site, it would take you hours to find it! Then when you do eventually find it, they then tell you that "your profile will remain on their servers for a "grace" period of 14 days". The "lie" they feed you is that they do so "in case you change your mind about permanent deletion". I personally believe it's so that they get one last chance to harvest all of your personal data for Facebook's own personal gain!
I would never expect a Government agency to sell personal details for commercial gain, so what gives Facebook the right to do so?
I like the idea of invoicing these people for stealing your work, or sueing the ass off of them, but I suspect that it is not "cost-effective" to the everyday guy, and more suited to large corporations to pursue for copyright infringement, but I hope you get this resolved to your satisfaction anyway.
Another reason why I refuse to succumb to the "Zuckerberg virus"!! If you try to permanently erase a Facebook profile, the ability to do so is so deeply buried on their site, it would take you hours to find it! Then when you do eventually find it, they then tell you that "your profile will remain on their servers for a "grace" period of 14 days". The "lie" they feed you is that they do so "in case you change your mind about permanent deletion". I personally believe it's so that they get one last chance to harvest all of your personal data for Facebook's own personal gain!
I would never expect a Government agency to sell personal details for commercial gain, so what gives Facebook the right to do so?
I like the idea of invoicing these people for stealing your work, or sueing the ass off of them, but I suspect that it is not "cost-effective" to the everyday guy, and more suited to large corporations to pursue for copyright infringement, but I hope you get this resolved to your satisfaction anyway.
My website
Flickr
Pentax Photo Gallery
"Intellectual brilliance is no guarantee against being dead wrong" Carl Sagan
Link
Posted 26/01/2013 - 18:52
In that case, I'd be very tempted for this "thief" to try sueing in court, accusing you of theft of "their" intellectual property! I think your case would be won because, unlike your good self, it's extremely unlikely that "their" intellectual property contains the all-important metadata! I'm guessing that you have the original image store with the metadata intact, which would include a "timestamp" embedded into the image(s) in question. What judge would possibly find you guilty with that level of proof in your favour?
Last Edited by steven9761 on 26/01/2013 - 18:52
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Posted 26/01/2013 - 18:53
I can't help with advice Stewart, but I do hope you get it sorted soon. How did you find out they were using your photos?
A simple Google works, I know I did it.
Some people do change their mind, and in any case you do not have to give Facebook stacks of personal info if you choose not to.
Electoral rolls are sold, and I'm sure other info is as well.
steven9761 wrote:
Another reason why I refuse to succumb to the "Zuckerberg virus"!! If you try to permanently erase a Facebook profile, the ability to do so is so deeply buried on their site, it would take you hours to find it!
Another reason why I refuse to succumb to the "Zuckerberg virus"!! If you try to permanently erase a Facebook profile, the ability to do so is so deeply buried on their site, it would take you hours to find it!
A simple Google works, I know I did it.
steven9761 wrote:
Then when you do eventually find it, they then tell you that "your profile will remain on their servers for a "grace" period of 14 days". The "lie" they feed you is that they do so "in case you change your mind about permanent deletion".
Then when you do eventually find it, they then tell you that "your profile will remain on their servers for a "grace" period of 14 days". The "lie" they feed you is that they do so "in case you change your mind about permanent deletion".
Some people do change their mind, and in any case you do not have to give Facebook stacks of personal info if you choose not to.
steven9761 wrote:
I would never expect a Government agency to sell personal details for commercial gain, so what gives Facebook the right to do so?
I would never expect a Government agency to sell personal details for commercial gain, so what gives Facebook the right to do so?
Electoral rolls are sold, and I'm sure other info is as well.
Link
Posted 26/01/2013 - 18:56
SMarsden wrote:
Could you point me to somewhere with information to this effect...?
Could you point me to somewhere with information to this effect...?
You own the IP (copyright) in photos that you have taken. You might be interested in this page about enforcing copyright.
Andrew
Flickr photostream
Link
Posted 26/01/2013 - 19:07
SMarsden wrote:
Could you point me to somewhere with information to this effect...?
Could you point me to somewhere with information to this effect...?
Have a read through this -- I've only scanned it but it seems correct in all it's essentials http://www.exeter.ac.uk/staff/web/copyright/ . The Copyright Act is absolutely clear on the point. The only thing to check is that by using Facebook you haven't explicitly granted rights for use of your images beyond the confines of the Facebook site. That would have to be in Facebook's T&Cs (I know nothing about Facebook). In the absence of any such diabolical clause, the rights are wholly yours.
Regards, Christopher
ChristopherWheelerPhotography
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Posted 26/01/2013 - 19:08
You guess right, When images are uploaded to Facebook they are stripped of any metadata thus making them "orphan files", As I have the original DNG with all sorts of lovely GPS and Metadata stamped data embedded in, proof of ownership would be simple.
My website
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"Intellectual brilliance is no guarantee against being dead wrong" Carl Sagan
steven9761 wrote:
In that case, I'd be very tempted for this "thief" to try sueing in court, accusing you of theft of "their" intellectual property! I think your case would be won because, unlike your good self, it's extremely unlikely that "their" intellectual property contains the all-important metadata! I'm guessing that you have the original image store with the metadata intact, which would include a "timestamp" embedded into the image(s) in question. What judge would possibly find you guilty with that level of proof in your favour?
In that case, I'd be very tempted for this "thief" to try sueing in court, accusing you of theft of "their" intellectual property! I think your case would be won because, unlike your good self, it's extremely unlikely that "their" intellectual property contains the all-important metadata! I'm guessing that you have the original image store with the metadata intact, which would include a "timestamp" embedded into the image(s) in question. What judge would possibly find you guilty with that level of proof in your favour?
My website
Flickr
Pentax Photo Gallery
"Intellectual brilliance is no guarantee against being dead wrong" Carl Sagan
Link
Posted 26/01/2013 - 19:09
Thank you
My website
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"Intellectual brilliance is no guarantee against being dead wrong" Carl Sagan
andrewk wrote:
You own the IP (copyright) in photos that you have taken. You might be interested in this page about enforcing copyright.
Andrew
SMarsden wrote:
Could you point me to somewhere with information to this effect...?
Could you point me to somewhere with information to this effect...?
You own the IP (copyright) in photos that you have taken. You might be interested in this page about enforcing copyright.
Andrew
My website
Flickr
Pentax Photo Gallery
"Intellectual brilliance is no guarantee against being dead wrong" Carl Sagan
Link
Posted 26/01/2013 - 19:20
Facebook terms;
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Quote:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy andapplication settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy andapplication settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
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SMarsden
Member
SMarsden
Some of you may or may not be aware that I have a Facebook page where I post a lot of my Photography projects.
I have noticed that some of my images have been 'lifted' from Facebook and used on commercial websites. 8 images of mine have been used on one site in particular.
I have contacted the Business owner whom has responded "they are in the public domain".
I would argue intellectual property theft all day long, and especially so as they have been used for commercial use after their 'theft'.
I realise that putting images on the internet opens all sorts of doors for 'loosing control' over your work. I know about water-marking and putting them low res, and small in size... ... ... ... ...
What Im interested in hearing is.... Legally where do I stand in this situation?
Many thanks for your time
My website
Flickr
Pentax Photo Gallery
"Intellectual brilliance is no guarantee against being dead wrong" Carl Sagan