Image theft "Facebook"


steven9761

Link Posted 26/01/2013 - 19:53
Andrew - if you are signed up to Google, they have a wonderful tool called Google Image Search (you will find it at the top of the Google window), and you can either search for the image by using the URL, or if you actually have the image stored in your pc's folders.

To give you an idea of how it works, I can email you a photo used by dating scammers (I'd post it in here, but I think it's a breach of site rules to do so, as the image will have a copyright). You then (temporarily) download the emailed photo to your own pc, then upload the image into Google Image Search by clicking on the little "camera" icon. You will be surprised to see that not only is the image used by Scammer 1, but a whole host of different names and websites will be associated with the image! BE WARNED THOUGH - this image will no doubt take you to one or two porn sites!

When you have finished trying out GIS, delete the photo from your folder, just in case prying eyes suspect that you have an ulterior motive for it!

Here's the link to GIS: link

I can email you the image I mentioned, or you might want to try some of your own. You might find some of your shots on websites that you'd forgot that you'd uploaded them to!!
Last Edited by steven9761 on 26/01/2013 - 19:57

SMarsden

Link Posted 26/01/2013 - 20:07
So by putting something on Facebook you are giving it away???

Charlotte wrote:
Facebook terms;

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.

link


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SMarsden

Link Posted 26/01/2013 - 20:10
I found out via a 3rd party....


I was actually at school with the guy whom has pinched my images, and a mutual friend said "have you seen this website?"

AndrewA wrote:
How did you find out your shots had been used Steve?


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"Intellectual brilliance is no guarantee against being dead wrong" Carl Sagan

steven9761

Link Posted 26/01/2013 - 20:14
SMarsden wrote:
So by putting something on Facebook you are giving it away???

Charlotte wrote:
Facebook terms;

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.

link


I think the important term in the Facebook T&C's is the phrase " 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)". My interpretation is that the word US refers solely to Facebook. I could be wrong here, but technically the user of your image has done nothing illegal, as your image has been "transferred" to the intellectual property of Facebook, and if any money has changed hands, then the user has purchased the image rights from Facebook. However, I would argue that in that case, FB has a moral obligation to recompense you (minus and admin fees for their part in the sale). Dunno how that would go in court though.

SMarsden

Link Posted 26/01/2013 - 20:18
Exactly this is my understanding, I contacted Facebook whom said similar things, words to the effect of...

We share ownership of the image while its on our site, we may use it for our own publicity ad promotions. When you remove the image, we knowlongert have the rights to use it


steven9761 wrote:
SMarsden wrote:
So by putting something on Facebook you are giving it away???

Quote:
Facebook terms;

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.

link


I think the important term in the Facebook T&C's is the phrase " 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)". My interpretation is that the word US refers solely to Facebook. I could be wrong here, but technically the user of your image has done nothing illegal, as your image has been "transferred" to the intellectual property of Facebook, and if any money has changed hands, then the user has purchased the image rights from Facebook. However, I would argue that in that case, FB has a moral obligation to recompense you (minus and admin fees for their part in the sale). Dunno how that would go in court though.


My website

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"Intellectual brilliance is no guarantee against being dead wrong" Carl Sagan

steven9761

Link Posted 26/01/2013 - 20:22
Stewart - I guess you either need to get into your FB security settings, and amend them pronto, or free yourself of the Zuckerberg virus once and for all in that case!
Last Edited by steven9761 on 26/01/2013 - 20:22

SMarsden

Link Posted 26/01/2013 - 20:32
My settings are fine, i make it public to promote and sell my services.

its just sad to see

steven9761 wrote:
Stewart - I guess you either need to get into your FB security settings, and amend them pronto, or free yourself of the Zuckerberg virus once and for all in that case!


My website

Flickr

Pentax Photo Gallery

"Intellectual brilliance is no guarantee against being dead wrong" Carl Sagan

AndrewA

Link Posted 26/01/2013 - 20:40
SMarsden wrote:
I found out via a 3rd party....


I was actually at school with the guy whom has pinched my images, and a mutual friend said "have you seen this website?"

AndrewA wrote:
How did you find out your shots had been used Steve?


What a cheeky sod Stewart, sue him!
Andrew

"I'm here because the whiskey is free" - Tyla

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Last Edited by AndrewA on 26/01/2013 - 20:42

myeates

Link Posted 26/01/2013 - 21:14
I hate to say this but whatever possessed you to upload images to that site? Its T's and C's are widely known on the web for doing precisely what you have had done to you.

I'm with steven9761 get rid and don't use it.

cabstar

Link Posted 26/01/2013 - 23:01
Ok lets clarify here

If you post images on facebook then only facebook has a licence to use em ON facebook only. Anyone else taking images from facebook for any kind of use unless authorised by the photographer is unauthorised usage.

Ok there are two remedies here, you can issue a cease and desist so the images need to be atken down by the infringer
Secondly do you want compensation?

First you just take screen grabs along with dates and times. You also need to show screengrabs from where the images where lifted and assert you are the copyright holder.

Next you have to decide how much you want for the infringement, is depends on the usage and the size of the organisation that has done the infringing, getty web site is good for calculating actual cost and then double this for the infringement.

You then need to send a cease and desist along with your demands, i.e removal of images and how much you want.

Some examples of cease and desist are here
https://www.google.co.uk/search?q=cease+and+desist+template&ie=UTF-8&oe=UTF-8&hl...

Explain they have sven days or legal action will be taken, you can then sue through moneyclaim or the new copyright and patents court which costs around 75 and is done without your presence.

As the infringer has claimed public domain bqloney you will have no problem winning your case as they are in efct admitting the infringement.

Hope this helps.

Gary
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Frogherder

Link Posted 27/01/2013 - 00:31
As you have probably gathered none of us on Pentax User site is (or is admitting to being) a legal expert. Neither am I.


May I suggest, however, that you avail yourself of a solicitor. Most will give a short consultation/advise for free, and being unemployed you should qualify for legal aid if it gets heavy.
There is also the Citizens Advise service which, whilst very difficult to conntact via the telephone, is available in most towns and is free of charge.

regards
Bernard.

CMW

Link Posted 27/01/2013 - 00:32
cabstar wrote:


If you post images on facebook then only facebook has a licence to use em ON facebook only.

Not quite right, at least according to the T&Cs. Facebook clearly give themselves complete freedom to sublicense. Whether a sublicence has been granted in this instance, I don't know (and rather doubt). Either way, not straightforward to establish. It might be possible to argue that the conditions are unfair in court -- but no doubt the jurisdiction is a US court, so a US lawyer would need to give a view.

The condition about sublicensing is so manifestly inequitable, no one should put a photo on Facebook that they are not prepared to see used as public property.
Regards, Christopher

ChristopherWheelerPhotography

CMW

Link Posted 27/01/2013 - 00:36
Frogherder wrote:


May I suggest, however, that you avail yourself of a solicitor. Most will give a short consultation/advise for free, and being unemployed you should qualify for legal aid if it gets heavy.

You are free to do that, but I suggest you don't waste your time. And as for legal aid, forget it (I'm afraid).
Regards, Christopher

ChristopherWheelerPhotography

cabstar

Link Posted 27/01/2013 - 00:40
I am not a lawyer but speak from experience of pursuing copyright infringement on a regular basis. I have sued infringers myself including multinational corporations and have employed specialist IP lawyers for more complicated cases.

Contacting a regular solicitor or citizens advice will just confuse the issue, if the op has no luck following the cease and desist methods i listed above then i know good IP lawyers who can handle is kind of case.

As always in threads of this kind people offer advice that unfortunately is misleading or wrong and just confuses the issue

If anyone wants more information on how to handle infringements here is a good place to start

.http://www.epuk.org/News/1003/copyright-in-the-21st-century
PPG Wedding photography Flickr
Concert photography

Currently on a Pentax hiatus until an FF Pentax is released

CMW

Link Posted 27/01/2013 - 01:01
As always, a sense of proportion is needed, unless you are a crusader. Intellectual property and its protection is part of my daily job, so I hope this advice escapes seeming misleading, wrong, or confusing.
Regards, Christopher

ChristopherWheelerPhotography
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