Photos on Facebook & the Media

gman

gman

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Graham
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This has probably been asked a million times on here, but what's the script when it comes to photos which have been posted by private individuals on a Facebook group and a media outlet using them for online publication?
 
I'm now torn. I was at a local protest against the closing of a huge number of public services in Glasgow and did a quick pano and posted it to the protest Facebook page.

A local media outlet has used it along with other photos from the Facebook page and no references or credits were given.

I'm not particularly bothered about it being used for free, but I'm a little annoyed that they didn't even ask and they should know better. However, their article and the photos help with exposure of the protest.
 
gman said:
I'm now torn. I was at a local protest against the closing of a huge number of public services in Glasgow and did a quick pano and posted it to the protest Facebook page.

A local media outlet has used it along with other photos from the Facebook page and no references or credits were given.

I'm not particularly bothered about it being used for free, but I'm a little annoyed that they didn't even ask and they should know better. However, their article and the photos help with exposure of the protest.
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Considering how most local Scottish media titles have treated their photographers in the past few years, slam them for every penny that you can!
 
THIRTYFIVEMILL said:
Makes no difference. They didn't ask nor negotiate so I guess the invoice amount is your choice. No idea what the going rate is nowadays. Someone will.
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Not really. You have to be able to justify the level of damages claimed if the process ever moves into the courts.
 
DemiLion said:
That isn't a question we can answer. The question is: "What would Graham have charged initially for the use?"
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To be honest, nothing. I had decided before posting it that if anyone wanted to use to help promote the protest it then they could. I would struggle to demonstrate any financial loss especially as I'm not even semi-pro and I was there to show support and not specifically to photograph events. I just think it would have been nice of them to ask first.
 
Have they shared the image on their own social media page or is it on their website?
 
gman said:
This has probably been asked a million times on here, but what's the script when it comes to photos which have been posted by private individuals on a Facebook group and a media outlet using them for online publication?
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Have you read Facebook's Terms & Conditions?
 
j crossley said:
Have you read Facebook's Terms & Conditions?
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They don't say they claim ownership or that photos you put on are in the public domain so anyone can use them.
If your sharing settings allow it you are agreeing for them to be *shared* via facebook I.e linking to the original upload.
If you want to use a photo on facebook the correct procedure is to contact who posted it and ask them with any reimbursement if requested.

In practice it's any commercial users who really need to be aware of this, if you saved and reposted a couple of photos showing something of interest to yourself while technically same applies it's unlikely anything would come of it though it is still pretty annoying if one of your photos gets out into the wild like that and perhaps gets used for memes or something.
Newspapers are fully aware but think you won't see it or won't be enough bothered to take any action.
Even then they will bluff through it with some excuse about how they got them via third party., another favourite tactic is to ignore you completely - no doubt it often works some of them are serial offenders.
 
j crossley said:
Have you read Facebook's Terms & Conditions?
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It appears you haven't.

4wd said:
They don't say they claim ownership or that photos you put on are in the public domain so anyone can use them.
If your sharing settings allow it you are agreeing for them to be *shared* via facebook I.e linking to the original upload.
If you want to use a photo on facebook the correct procedure is to contact who posted it and ask them with any reimbursement if requested.

In practice it's any commercial users who really need to be aware of this, if you saved and reposted a couple of photos showing something of interest to yourself while technically same applies it's unlikely anything would come of it though it is still pretty annoying if one of your photos gets out into the wild like that and perhaps gets used for memes or something.
Newspapers are fully aware but think you won't see it or won't be enough bothered to take any action.
Even then they will bluff through it with some excuse about how they got them via third party., another favourite tactic is to ignore you completely - no doubt it often works some of them are serial offenders.
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Exactly
 
4wd said:
They don't say they claim ownership or that photos you put on are in the public domain so anyone can use them.
If your sharing settings allow it you are agreeing for them to be *shared* via facebook I.e linking to the original upload.
If you want to use a photo on facebook the correct procedure is to contact who posted it and ask them with any reimbursement if requested.

In practice it's any commercial users who really need to be aware of this, if you saved and reposted a couple of photos showing something of interest to yourself while technically same applies it's unlikely anything would come of it though it is still pretty annoying if one of your photos gets out into the wild like that and perhaps gets used for memes or something.
Newspapers are fully aware but think you won't see it or won't be enough bothered to take any action.
Even then they will bluff through it with some excuse about how they got them via third party., another favourite tactic is to ignore you completely - no doubt it often works some of them are serial offenders.
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Donnie said:
It appears you haven't.



Exactly
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If only I had a quid for every time someone interprets FB Ts&Cs in that way (and Flickr too).
 
gman said:
I'm now torn. I was at a local protest against the closing of a huge number of public services in Glasgow and did a quick pano and posted it to the protest Facebook page.

A local media outlet has used it along with other photos from the Facebook page and no references or credits were given.

I'm not particularly bothered about it being used for free, but I'm a little annoyed that they didn't even ask and they should know better. However, their article and the photos help with exposure of the protest.
Click to expand...
gman said:
To be honest, nothing. I had decided before posting it that if anyone wanted to use to help promote the protest it then they could. I would struggle to demonstrate any financial loss especially as I'm not even semi-pro and I was there to show support and not specifically to photograph events. I just think it would have been nice of them to ask first.
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So you have now publicly announced that you would have let the media company use your images free of charge if they had asked you. That in itself negates any legal action that you could have taken against them.
 
gman said:
To be honest, nothing. I had decided before posting it that if anyone wanted to use to help promote the protest it then they could.
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That pretty much wraps this whole thing up then. No loss equals no damages to claim.
 
admirable said:
Have they shared the image on their own social media page or is it on their website?
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It's on their actual website along with a few other photos they've grabbed from others.
 
j crossley said:
So you have now publicly announced that you would have let the media company use your images free of charge if they had asked you. That in itself negates any legal action that you could have taken against them.
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Lol
 
gman said:
It's on their actual website along with a few other photos they've grabbed from others.
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Send them an invoice for £100 and see what happens.
 
Don't let them get away with it - invoice them or they'll keep on doing it. Make them pay for your work - they'd be quick enough to charge you for theirs if the role were reversed.

Too many people turn a blind eye nowadays IMO - don't be one of them.

Go get 'em Floyd. :bat:
 
Sky said:
Don't let them get away with it - invoice them or they'll keep on doing it. Make them pay for your work - they'd be quick enough to charge you for theirs if the role were reversed.
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You can't 'make someone pay' if you wouldn't have charged them in the first place.

The overriding principle of civil law is to correct a tort (ie a loss or a damage) not to punish the offender. Punishment is reserved for criminal law.
 
DemiLion said:
You can't 'make someone pay' if you wouldn't have charged them in the first place.

The overriding principle of civil law is to correct a tort (ie a loss or a damage) not to punish the offender. Punishment is reserved for criminal law.
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Not neccessarily, if the person was not aware of something's value at the time.
 
I would sent them an invoice. It’s fine to say you wouldn’t have charged them anything anyway and perhaps had they had the common decency to ask you wouldn’t have.

They are a commercial organisation who should know better than to use other people’s images without permission. The copyright is yours so you have the right to be compensated for its use.
 
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