Image theft "Facebook"


cabstar

Link Posted 27/01/2013 - 01:46
CMW wrote:
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.

I am not a crusader, just a professional photographer whise work is stolen on a daily basis, which i have to persue on a regular basis.

I was replying to frogherder, the joys of multi posts on a forum. And agree with you as far as legal aid and using citizens advice would be a waste of time.

As for The facebook terms they do clearly state within Facebook, also if facebook where to licence images out for commercial use, which they dont, they would need a model release.

Wthout the licence facebook get you to agree too, facebook couldnt repost your photos within the facebook web site as a publishing device.
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Last Edited by cabstar on 27/01/2013 - 01:47

japers45

Link Posted 27/01/2013 - 07:32
Stuart- i wish you all the luck in the world. I've never had such a problem.I can see why your images would be sought after, they are very good. Your style speaks to me loud and clear.

Good luck.

steven9761

Link Posted 27/01/2013 - 11:00
cardiff_gareth wrote:
Is there a way of checking all your images in one hit for people who have a Flickr account or do you have to check one by one by one by one by ....... ?

I've never heard of a program that could batch-check, but if it's there, it'll probably be found in Flickr's App Garden. If there's no such thing, there's an idea for some computer whizz-kid to get working on developing!!

gartmore

Link Posted 27/01/2013 - 11:48
In this case I would send an invoice for a reasonable amount, it it isn't paid then raise an action in the small claims court
Ken
“We must avoid however, snapping away, shooting quickly and without thought, overloading ourselves with unnecessary images that clutter our memory and diminish the clarity of the whole.” - Henri Cartier-Bresson -

SMarsden

Link Posted 27/01/2013 - 13:26
True, they have not, I asked
CMW wrote:
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.


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

cabstar

Link Posted 27/01/2013 - 13:55
Current terms notice where it says im connection with Facebook

Sharing Your Content and Information

You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition: 1. 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 and application 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.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

Under these terms it would be impossible for Facebook to licence out any photos as it has no control over the timescale Facebook users will have photos on the site..
PPG Wedding photography Flickr
Concert photography

Currently on a Pentax hiatus until an FF Pentax is released

dcweather

Link Posted 27/01/2013 - 17:58
How did you find they were being used? I'd always assumed it would be like looking for a needle in a haystack given the millions of people who could use them?
Dave

AuraTodd

Link Posted 28/01/2013 - 09:55
woodworm wrote:
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!

Hi sorry to be rude but I notice there is a lot of trolling on Talk photography forum, that's why I don't go onto that forum any more.
Always be kind to people

link

https://www.facebook.com/pages/Photographs-by-an-angel/262352847143059

link

AuraTodd

Link Posted 28/01/2013 - 09:57
How do you change the settings on Facebook so no one else can use the images? I have pictures on Facebook.
Always be kind to people

link

https://www.facebook.com/pages/Photographs-by-an-angel/262352847143059

link

Blythman

Link Posted 28/01/2013 - 10:02
AuraTodd wrote:
Hi sorry to be rude but I notice there is a lot of trolling on Talk photography forum, that's why I don't go onto that forum any more.

Just got to cut through that. Its an excellent resource
Alan


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AuraTodd

Link Posted 28/01/2013 - 10:11
Blythman wrote:
AuraTodd wrote:
Hi sorry to be rude but I notice there is a lot of trolling on Talk photography forum, that's why I don't go onto that forum any more.

Just got to cut through that. Its an excellent resource

Yes it is I totally agree, but it's just being ruined by the nasty individuals that get on there just to post horrible unprevoked comments at other genuine photographers. The moderator says he is going to kick people off, bout time this problem was sorted out.
Always be kind to people

link

https://www.facebook.com/pages/Photographs-by-an-angel/262352847143059

link

wasleys

Link Posted 28/01/2013 - 10:30
AuraTodd wrote:
How do you change the settings on Facebook so no one else can use the images?

You can limit who sees the pictures (but you can't stop anyone who can see them from using them).

You set general general privacy via the gearwheel at top right of page, or for an individual photo via the gearwheel by its title.

greynolds999

Link Posted 28/01/2013 - 12:20
I have a very simple philosophy. I only post my shots with a really blatant copyright text across the middle of the image. And if I don't I expect them to be stolen.

The rights and wrongs are almost irrelevant - leave something in the open and it will get stolen.

It's the same reason we lock our houses and cars. People will always steal.

And can anybody on here actually state they have never stolen anything? Even finding a photo online and copying it to your computer or setting it as your wallpaper is stealing. Copying a CD to your MP3 player was (until very recently) stealing.

I'm not arguing the rights and wrongs, I'm just stating that's the way I see the world.
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Mal

Link Posted 29/01/2013 - 01:25
First thing , don't upload photos to Facebook , if your wanting your friends to see your photos , upload them to another site and post a link to that photo .

When sending out take down notices , include the rights of the images have been licensed and your clients left the last company that did not comply with the notice, were left with a very hefty legal bill to pay as well as costs .

If your wanting to search to see if anyone is using any of your images , you could try Google click on the camera icon in search and it will give you the option to upload a image , after the upload it will automatically search for that and similar images.
Last Edited by Mal on 29/01/2013 - 01:34

Smeggypants

Link Posted 29/01/2013 - 02:14
AuraTodd wrote:
How do you change the settings on Facebook so no one else can use the images? I have pictures on Facebook.

You can set privacy settings so that only you can see them, or only friends, or only friends and friends of friends, or public.


You can use Facebook to host your images by creating an album and setting the privacy so only you can see them. But you can still copy the URLs to another site, i.e here and they can be seen. Very useful
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