Sorry a copyright question

gumbo-67

gumbo-67

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4,970
Name
Terri
Edit My Images
Yes
If a newspaper uses a photo from the internet E.G. facebook (i know) are they allowed to use it without permission? say a picture of me taken by me?

thanks in advance

Terri
 
gumbo-67 said:
If a newspaper uses a photo from the internet E.G. facebook (i know) are they allowed to use it without permission? say a picture of me taken by me?

thanks in advance

Terri
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Quite simply; No.

What's more they'll know they did wrong, send them a bill.
 
Phil V said:
Quite simply; No.

What's more they'll know they did wrong, send them a bill.
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Actually if it is Facebook then yes.

If you read the T&Cs on Facebook images uploaded are subject to a copyright grab on them - you assign all rights to Facebook. You may also in doing so have confirmed that there is a release on the images if they feature people.

Other sites (including some of the Twitter image hosting sites) do the same.

Papers are increasingly accessing and printing images on social media sites for this very reason. I'm sure that there is an agreement on payment of sorts back to the social media business either on a subscription or low fee usage. You unfortunately waived that right on upload.

The answer will vary depending on the site where the image was located. Obviously if lifted from your own site then the answer as above is no.
 
from http://www.facebook.com/legal/terms

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).
  3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Use Policy and Platform Page.)
  4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  5. We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
 
Number 4 above seems strange to me - like a cop-out caveat rather than a term or condition (rather like a 'we accept no responsibility' clause).
 
thank you that is great for you to respond. None of my pictures are involved. some pictures have been uploaded and have been used by the press. now a few copy cat pages are taking the pic's too and using them people are getting a little upset.

thank you again.

Terri
 
meonshore said:
Actually if it is Facebook then yes.

If you read the T&Cs on Facebook images uploaded are subject to a copyright grab on them - you assign all rights to Facebook. You may also in doing so have confirmed that there is a release on the images if they feature people.

Other sites (including some of the Twitter image hosting sites) do the same.

Papers are increasingly accessing and printing images on social media sites for this very reason. I'm sure that there is an agreement on payment of sorts back to the social media business either on a subscription or low fee usage. You unfortunately waived that right on upload.

The answer will vary depending on the site where the image was located. Obviously if lifted from your own site then the answer as above is no.
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Nope, this has been all over the web on and off for years, when posting images to Facebook you assign facebook the right to use those images anyhow they like on Facebook. Facebook have no permission to use them outside facebook and no'one else has any rights over them at all.
In no way to FBs T's and C's override the inherent copyright that exists.
 
gumbo-67 said:
thank you that is great for you to respond. None of my pictures are involved. some pictures have been uploaded and have been used by the press. now a few copy cat pages are taking the pic's too and using them people are getting a little upset.

thank you again.

Terri
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If you mean others on Facebook are using the pictures, report them for violating intellectual property rights using the links on the page with the picture and Facebook will remove them. They're actually pretty good at that.
 
ok national newspapers have picked up a few photo's on Facebook and used them with out asking the people who took the pictures are they allowed?

as for facebook they are being pretty good at others using the pictures without asking i have to say.

thank you one and all.
 
thank you Neil it is all a bit high profile and all that and well looking at may a donation to charity rather than payment.
 
I am not convinced that Facebook T&C allows anyone to pinch photos and publish them.Why the would Facebook want to deter people from putting photos on the site."Er.. well Facebook might want to sell them on". Rubbish!
Facebook have no intention of creating a situation were anyone up loading photos gives up their copyright.As for the Newspapers that have pinched them.Ask them for money if they don't pay do a " Money Claim on line". As long as the rate asked is reasonable they will pay.:thumbs:
 
Phil V said:
Nope, this has been all over the web on and off for years, when posting images to Facebook you assign facebook the right to use those images anyhow they like on Facebook. Facebook have no permission to use them outside facebook and no'one else has any rights over them at all.
In no way to FBs T's and C's override the inherent copyright that exists.
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From above:

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.
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the term sub-licence means that Facebook themselves can licence those images on to third-parties (for free or fee). Transferable means that they can transfer in whole the above licence. Depending on the privacy setting you assign - it does not restrict your images to Facebook.

In the main this is used to just facilitate Facebook doing what it does (social media) but it doesn't preclude them from passing on images to external parties.

Agreeing to that statement doesn't over-ride your copyright, but it does mean you have licenced the images in the fullest extent to Facebook at the point of upload and that the terms of that licence can be executed (ie that can use them or licence them on) all the time that the media is on the site.
 
kestral said:
I am not convinced that Facebook T&C allows anyone to pinch photos and publish them.Why the would Facebook want to deter people from putting photos on the site."Er.. well Facebook might want to sell them on". Rubbish!
Facebook have no intention of creating a situation were anyone up loading photos gives up their copyright.As for the Newspapers that have pinched them.Ask them for money if they don't pay do a " Money Claim on line". As long as the rate asked is reasonable they will pay.:thumbs:
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Because for 99.999999999% of the photography uploaded there is no marketable value in the images.

Read the T&C's - because again 99.99999999% of Facebook users won't have done so.
 
thanks again guys. seems that some of the images have been helping get a little moeny for charity with even some papers helping too.
 
meonshore said:
From above:



the term sub-licence means that Facebook themselves can licence those images on to third-parties (for free or fee). Transferable means that they can transfer in whole the above licence. Depending on the privacy setting you assign - it does not restrict your images to Facebook.

In the main this is used to just facilitate Facebook doing what it does (social media) but it doesn't preclude them from passing on images to external parties.

Agreeing to that statement doesn't over-ride your copyright, but it does mean you have licenced the images in the fullest extent to Facebook at the point of upload and that the terms of that licence can be executed (ie that can use them or licence them on) all the time that the media is on the site.
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You are entitled to your own opinion.:lol: If facebook sub-licence(what ever that term means) any of my photos on, the people who they sub-licence them to will be getting a bill from me, then they can go to court and prove that they had permission to publish my photos if they want to waste their money.:bat:
 
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