Quick question......

R

Roadkill_6mm

Messages
398
Name
Neil
Edit My Images
Yes
A while ago now, I posted a picture on my facebook page (well several, but there's only one I want to ask about!)

That picture was downloaded by a company and used in an 'in-house' training package.

I emailed said company and they told me that as I had released it into the public domain ie Facebook, they could use it without first seeking permission.

Is this the case??

Regards

Neil
 
I'm probably wrong but I'm pretty sure there was something in the T&C's of facebook that by signing up to use it any photographs you upload they automatically have the right to use them for any purpose? :thinking:

How that applies to other people using them I'm not sure

EDIT: just found this on a new article after googling

The way they stand now, Facebook's terms of service claim that the company does not have ownership over content, yet that it does have "an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (to)...use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works, and distribute" material as long as it doesn't violate the privacy preferences set by the user.

they can do what they like but you still own the rights so this other company SHOULD be paying
 
Nick_A said:
I'm probably wrong but I'm pretty sure there was something in the T&C's of facebook that by signing up to use it any photographs you upload they automatically have the right to use them for any purpose? :thinking:

How that applies to other people using them I'm not sure

EDIT: just found this on a new article after googling

The way they stand now, Facebook's terms of service claim that the company does not have ownership over content, yet that it does have "an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (to)...use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works, and distribute" material as long as it doesn't violate the privacy preferences set by the user.

they can do what they like but you still own the rights so this other company SHOULD be paying
Click to expand...

Nick,

After much searching I came across that too regarding Facebook, looks like they can use the images pretty much as they wish - hence I dont have any on there anymore!

From what I can see though this only applies to Facebook themselves, not a third party - it would appear they would have to get permission.

Thanks for the reply

Neil
 
If facebook have transferrable rights and they can distribute as they like that sounds like they can grant permission for anyone to use your uploads. So if they have an agreement with the company then it's fair game. If not and they just downloaded it from your page then bill 'em.
 
Facebook haven't (yet) sold any image rights to anyone - there is no way that the company got permission from Facebook to use the picture. They have infringed your copyright, and you are perfectly allowed to (and should) chase them as thoroughly as if the picture had never been put on Facebook.
 
The current going rate for corporate work is £2000/£1500 for a day long commission and high budget or £800 for a day long commission and low budget. This does not include post production charges of £100/hour.

The standard practice is to double that for unlicensed/unauthorised use.

You've got a fairly clear cut case here. Have fun!
 
Hi,

Just interested, how did you find out about it?

I don't have any stuff on Facebook really but who knows some suff could have been used from fotopic.

Paul.
 
I just happened to find out!

That's the problem with putting images on the web I think. Great to share with others, but you leave yourself open to someone hitting the right mouse button and saving your work. Especially with in house stuff the chances of you finding out are tiny!
 
Email facebook and ask if they have a record of them selling the image to this company, if so then there's nothing you can do, if not then you know that they are scammng you. I would think that facebook would help you out in this case as in a way it's lost revenue for them.
 
I try to get round this by reducing the resolution of the file (keeping a high-res copy) I put some where. This has several advantages; Its quicker to upload, people can view it quicker and it would be too low-res for anyone to make any use of it. Thus keeping you in control of your material and if they really want it, they will contact you for a higher resolution version.

Good luck in your fight!
 
Quote from facebook extract " as long as it doesn't violate the privacy preferences set by the user".
This is the key point that Facebook makes. Facebook appear to exhonorate themselves from any use made by a third party so can't be sued themselves .

Realspeed
 
realspeed said:
Quote from facebook extract " as long as it doesn't violate the privacy preferences set by the user".
This is the key point that Facebook makes. Facebook appear to exhonorate themselves from any use made by a third party so can't be sued themselves .

Realspeed
Click to expand...

This point also means that it cannot be transferred to third parties who would use the images and works outside the realms of the privacy settings. Internal work for a company would be considered outside of the license scope.
 
You must log in or register to reply here.
Back
Top