Wiseblood
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May 2007
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legality of photos on facebook, by Wiseblood on Dec 9, 2008 22:18:04 GMT 1, Just a quick one, if say John Smith takes a photo in a public place posts it on Facebook, then tags me in it, which will make it appear on my profile, can i use that photo or does John Smith still hold the copyright to that pic? Evan tho its on a public non private website?
Tried to make it as simple as possible
Cheers
Just a quick one, if say John Smith takes a photo in a public place posts it on Facebook, then tags me in it, which will make it appear on my profile, can i use that photo or does John Smith still hold the copyright to that pic? Evan tho its on a public non private website?
Tried to make it as simple as possible
Cheers
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DYL4N
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January 2008
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legality of photos on facebook, by DYL4N on Dec 9, 2008 22:33:28 GMT 1, If you were in a public place at the time the pic was taken, you basically have no hold over the copyright!
The fact you have been named/tagged in the pic, is a whole different matter. Not sure the legality though, although it should sway in your favour. If you want it removed it is well within your rights. If you want to reproduce it 10,000 times sign it and sell it, then he would be entitled to a cut! 
If you were in a public place at the time the pic was taken, you basically have no hold over the copyright! The fact you have been named/tagged in the pic, is a whole different matter. Not sure the legality though, although it should sway in your favour. If you want it removed it is well within your rights. If you want to reproduce it 10,000 times sign it and sell it, then he would be entitled to a cut! |
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Gurn
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August 2007
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legality of photos on facebook, by Gurn on Dec 9, 2008 22:36:46 GMT 1, Would think that there is some infringement on your privacy here,so you must have some right to the image.but hey,I'm no expert on law.
Would think that there is some infringement on your privacy here,so you must have some right to the image.but hey,I'm no expert on law.
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chief
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September 2008
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legality of photos on facebook, by chief on Dec 9, 2008 22:38:53 GMT 1, so you're an anonymous artist and someone who knows your identity took a photo at a party and tagged you as that artist?
so you're an anonymous artist and someone who knows your identity took a photo at a party and tagged you as that artist?
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Wiseblood
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May 2007
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legality of photos on facebook, by Wiseblood on Dec 9, 2008 22:48:54 GMT 1, Guess it didnt read as easily as i had thought.
Heres the situation.
G/f has a media company, only small time videos. She made a video for the council about how if your a dick on a night out you will be thrown out of the town. The video has, a selection of people being arrested, and a selection of photos of people with their friends having fun, basically saying you decide what sort of night you want to have.
Her sister in law said use any photos you want from my facebook for the people having fun, so she did.
Turns out one of the photos wasnt taken by the sister in law, but by another girl. One of the girls tagged and in the photo used doesnt want future emplyers seeing her as a girl who drinks, so wants it removing. I know she has no right as its not her photo. But does the person who took the photo have a right to have the pic removed from the video evan tho she posted it on facebook and tagged 4 people in it?
Does that make more sence.
Guess it didnt read as easily as i had thought.
Heres the situation.
G/f has a media company, only small time videos. She made a video for the council about how if your a dick on a night out you will be thrown out of the town. The video has, a selection of people being arrested, and a selection of photos of people with their friends having fun, basically saying you decide what sort of night you want to have.
Her sister in law said use any photos you want from my facebook for the people having fun, so she did.
Turns out one of the photos wasnt taken by the sister in law, but by another girl. One of the girls tagged and in the photo used doesnt want future emplyers seeing her as a girl who drinks, so wants it removing. I know she has no right as its not her photo. But does the person who took the photo have a right to have the pic removed from the video evan tho she posted it on facebook and tagged 4 people in it?
Does that make more sence.
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Wiseblood
Junior Member
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May 2007
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legality of photos on facebook, by Wiseblood on Dec 9, 2008 22:52:19 GMT 1, just to add no money is being made from the video, its a training type thing
just to add no money is being made from the video, its a training type thing
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legality of photos on facebook, by stillborncrisps on Dec 9, 2008 23:24:35 GMT 1, I dunno if facebook has any rules that say otherwise, but generally just because the original photographer posted it on the internet (or gave it to someone to put on their page) doesn't mean it's free to use by anyone else for anything they fancy.
I dunno if facebook has any rules that say otherwise, but generally just because the original photographer posted it on the internet (or gave it to someone to put on their page) doesn't mean it's free to use by anyone else for anything they fancy.
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tinman80
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August 2007
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legality of photos on facebook, by tinman80 on Dec 9, 2008 23:37:35 GMT 1, I'm not sure about this either, but if you are a photographer and you want to place your picture on iStock for others to use, you need a model release from everyone featured in the photo. The photographer is irrelevant.
I would be careful with this sort if thing.
I'm not sure about this either, but if you are a photographer and you want to place your picture on iStock for others to use, you need a model release from everyone featured in the photo. The photographer is irrelevant.
I would be careful with this sort if thing.
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aginghippie
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December 2007
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legality of photos on facebook, by aginghippie on Dec 10, 2008 1:03:22 GMT 1, Turns out one of the photos wasnt taken by the sister in law, but by another girl. One of the girls tagged and in the photo used doesnt want future emplyers seeing her as a girl who drinks, so wants it removing. I know she has no right as its not her photo. But does the person who took the photo have a right to have the pic removed from the video evan tho she posted it on facebook and tagged 4 people in it?
The short answer is yes. The copyright remains with the photographer unless it explicitly assigned and publishing an image is not an assignment.
In this case it is difficult to say without seeing the video but if the usage is as you describe I doubt it can used if the copyright holder objects. There are defences but I don't think they would apply in this case.
Disclaimer: I'm not a copyright lawyer but I spend more time around them that I like so some of it has rubbed off. Why not ask the council's legal department?
Turns out one of the photos wasnt taken by the sister in law, but by another girl. One of the girls tagged and in the photo used doesnt want future emplyers seeing her as a girl who drinks, so wants it removing. I know she has no right as its not her photo. But does the person who took the photo have a right to have the pic removed from the video evan tho she posted it on facebook and tagged 4 people in it? The short answer is yes. The copyright remains with the photographer unless it explicitly assigned and publishing an image is not an assignment. In this case it is difficult to say without seeing the video but if the usage is as you describe I doubt it can used if the copyright holder objects. There are defences but I don't think they would apply in this case. Disclaimer: I'm not a copyright lawyer but I spend more time around them that I like so some of it has rubbed off. Why not ask the council's legal department? |
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legality of photos on facebook, by Happy Shopper on Dec 10, 2008 1:13:36 GMT 1, I'd assume copyright to the image is with the photographer... or maybe facebook! (Read their terms).
Celebrities don't seem to have rights over photos taken of them in public, so I doubt any one else would.
I'd assume copyright to the image is with the photographer... or maybe facebook! (Read their terms).
Celebrities don't seem to have rights over photos taken of them in public, so I doubt any one else would.
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becksaboo
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March 2007
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legality of photos on facebook, by becksaboo on Dec 10, 2008 1:24:27 GMT 1, The copyright always lies with the photographer if the picture has been taken in a public place unless facebook have stipulated otherwise in their t & c.
The copyright always lies with the photographer if the picture has been taken in a public place unless facebook have stipulated otherwise in their t & c.
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legality of photos on facebook, by snausages on Dec 10, 2008 1:39:00 GMT 1, the copyright lies withe the photographer sure but I think that's a tricky one as they're not just using someones image but also implying that they're a drinker, plus they don't have any written consent from the sound of it. I'm not 100% sure of where all the lines are drawn but if it's being used for a training video that is a commercial purpose and you can't use peoples image for commercial purposes without their consent. If it's an issue I would push on them harder to get it removed.
This set a precedent of a photographer getting sued for just the same thing. It was allowed in his instance only because the image was being used for 'art' not 'commercial' purposes.
en.wikipedia.org/wiki/Nussenzweig_v._DiCorcia
the copyright lies withe the photographer sure but I think that's a tricky one as they're not just using someones image but also implying that they're a drinker, plus they don't have any written consent from the sound of it. I'm not 100% sure of where all the lines are drawn but if it's being used for a training video that is a commercial purpose and you can't use peoples image for commercial purposes without their consent. If it's an issue I would push on them harder to get it removed. This set a precedent of a photographer getting sued for just the same thing. It was allowed in his instance only because the image was being used for 'art' not 'commercial' purposes. en.wikipedia.org/wiki/Nussenzweig_v._DiCorcia |
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Wiseblood
Junior Member
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May 2007
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legality of photos on facebook, by Wiseblood on Dec 10, 2008 9:34:39 GMT 1, Facebooks Terms and conditions state that 'by posting user content to any part of the site, you automatically grant to the company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose on or in connection with the site or the promotion thereof'
Not really sure what this says.
The fact that she was outside drinking isnt an issue, the only problem she could possibly have is with the photographer.
The councils legal deartment have been asked but they have said we will get back to you on it. My g/f is a little concerned so i said id ask here as i knew their were some legal boffins here
Facebooks Terms and conditions state that 'by posting user content to any part of the site, you automatically grant to the company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose on or in connection with the site or the promotion thereof'
Not really sure what this says.
The fact that she was outside drinking isnt an issue, the only problem she could possibly have is with the photographer.
The councils legal deartment have been asked but they have said we will get back to you on it. My g/f is a little concerned so i said id ask here as i knew their were some legal boffins here
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Martin Whatson
Artist
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May 2007
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legality of photos on facebook, by Martin Whatson on Dec 10, 2008 9:43:44 GMT 1, Facebook have every right to use every photos posted on their site! Thats why im WERY cautious on posting photos there!
Dont know about this, but if her friend dont want the photo to be used I would just swap it for anotherone!!
Facebook have every right to use every photos posted on their site! Thats why im WERY cautious on posting photos there!
Dont know about this, but if her friend dont want the photo to be used I would just swap it for anotherone!!
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hupster
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December 2007
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legality of photos on facebook, by hupster on Dec 10, 2008 9:48:32 GMT 1, Facebook have every right to use every photos posted on their site! Thats why im WERY cautious on posting photos there! Dont know about this, but if her friend dont want the photo to be used I would just swap it for anotherone!!
Not all pictures. They have a code to follow IE. not allowed to show certain porn,death shots etc. If she emails them saying it is causing undue stress and the fact they are laible for this it will hopefully get it removed.
Hupster
Facebook have every right to use every photos posted on their site! Thats why im WERY cautious on posting photos there! Dont know about this, but if her friend dont want the photo to be used I would just swap it for anotherone!! Not all pictures. They have a code to follow IE. not allowed to show certain porn,death shots etc. If she emails them saying it is causing undue stress and the fact they are laible for this it will hopefully get it removed. Hupster |
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skylarkin
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Posts โข 283
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June 2006
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legality of photos on facebook, by skylarkin on Dec 10, 2008 10:37:44 GMT 1, Guess it didnt read as easily as i had thought. Heres the situation. G/f has a media company, only small time videos. She made a video for the council about how if your a d**k on a night out you will be thrown out of the town. The video has, a selection of people being arrested, and a selection of photos of people with their friends having fun, basically saying you decide what sort of night you want to have. Her sister in law said use any photos you want from my facebook for the people having fun, so she did. Turns out one of the photos wasnt taken by the sister in law, but by another girl. One of the girls tagged and in the photo used doesnt want future emplyers seeing her as a girl who drinks, so wants it removing. I know she has no right as its not her photo. But does the person who took the photo have a right to have the pic removed from the video evan tho she posted it on facebook and tagged 4 people in it? Does that make more sence.
www.urban75.org/photos/photographers-rights-and-the-law.html
useful link...but be aware, Facebook is a US company and as such US law may apply..
Guess it didnt read as easily as i had thought. Heres the situation. G/f has a media company, only small time videos. She made a video for the council about how if your a d**k on a night out you will be thrown out of the town. The video has, a selection of people being arrested, and a selection of photos of people with their friends having fun, basically saying you decide what sort of night you want to have. Her sister in law said use any photos you want from my facebook for the people having fun, so she did. Turns out one of the photos wasnt taken by the sister in law, but by another girl. One of the girls tagged and in the photo used doesnt want future emplyers seeing her as a girl who drinks, so wants it removing. I know she has no right as its not her photo. But does the person who took the photo have a right to have the pic removed from the video evan tho she posted it on facebook and tagged 4 people in it? Does that make more sence. useful link...but be aware, Facebook is a US company and as such US law may apply.. |
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Martin Whatson
Artist
Junior Member
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May 2007
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legality of photos on facebook, by Martin Whatson on Dec 10, 2008 10:40:03 GMT 1, Hupster!
Thanks for that info! 
Can finally post my porn pictures on facebook then!! hehe.
Without beeing sure how the rules are in the UK, I think there is also some rules about photos of people and usage without agreement. There have to be a certain amount of people in the photo or the content of the photo has to be on something different then the person in the photo! Ie. a photo of a statue with a person in front of it or if you take a photo of a q at the cans festival one person in the Q cant stop you from using the photo!
Might be different rules in the UK tho!
You can also get all your rights back from your photos on facebook, but you got to send them an email asking them to delete the photos from their servers! They will still be there if you delete them from your account!!
Hupster! Thanks for that info! Can finally post my porn pictures on facebook then!! hehe. Without beeing sure how the rules are in the UK, I think there is also some rules about photos of people and usage without agreement. There have to be a certain amount of people in the photo or the content of the photo has to be on something different then the person in the photo! Ie. a photo of a statue with a person in front of it or if you take a photo of a q at the cans festival one person in the Q cant stop you from using the photo! Might be different rules in the UK tho! You can also get all your rights back from your photos on facebook, but you got to send them an email asking them to delete the photos from their servers! They will still be there if you delete them from your account!! |
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uksnowman
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August 2007
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legality of photos on facebook, by uksnowman on Dec 10, 2008 11:02:15 GMT 1, I don't know how much it would cost to edit the video, but don't you think it would be better for all involved if a small edit was made to remove the girl in question?
I wouldn't want to be taken to court just for the sake of some girl not wanting her employer seeing that she was a p*%*head!
I don't know how much it would cost to edit the video, but don't you think it would be better for all involved if a small edit was made to remove the girl in question?
I wouldn't want to be taken to court just for the sake of some girl not wanting her employer seeing that she was a p*%*head!
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skylarkin
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Posts โข 283
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June 2006
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legality of photos on facebook, by skylarkin on Dec 10, 2008 11:07:41 GMT 1, Guess it didnt read as easily as i had thought. Heres the situation. G/f has a media company, only small time videos. She made a video for the council about how if your a d**k on a night out you will be thrown out of the town. The video has, a selection of people being arrested, and a selection of photos of people with their friends having fun, basically saying you decide what sort of night you want to have. Her sister in law said use any photos you want from my facebook for the people having fun, so she did. Turns out one of the photos wasnt taken by the sister in law, but by another girl. One of the girls tagged and in the photo used doesnt want future emplyers seeing her as a girl who drinks, so wants it removing. I know she has no right as its not her photo. But does the person who took the photo have a right to have the pic removed from the video evan tho she posted it on facebook and tagged 4 people in it? Does that make more sence.
My other thought is that the girl who has been cast into a video without consent, may have rights because the photo was used in a video to be shown to a public body potentially bring her name into disrepute.
This was the bit that was making me think.
read - www.danheller.com/model-release.html#summary
quote..'Let's return to the photos of the school soccer game mentioned at the beginning of this chapter that you started reading several weeks ago. Maybe you can now answer some of these questions yourself. If you want to license some to the local paper for a news story, now you know you canโwithout a release. If you want to sell prints back to the parents, again, you know you can do thisโwithout a release. If the school wants to put your pictures on its website, you know it can do thisโwithout a release. However, if you want to license the pictures to someone that will use them in some sort of ad, promotion, or statement, that's another story. For these, they will need a release, in which case, it's customary for the photographer to get it....'
not sure if this helps
Guess it didnt read as easily as i had thought. Heres the situation. G/f has a media company, only small time videos. She made a video for the council about how if your a d**k on a night out you will be thrown out of the town. The video has, a selection of people being arrested, and a selection of photos of people with their friends having fun, basically saying you decide what sort of night you want to have. Her sister in law said use any photos you want from my facebook for the people having fun, so she did. Turns out one of the photos wasnt taken by the sister in law, but by another girl. One of the girls tagged and in the photo used doesnt want future emplyers seeing her as a girl who drinks, so wants it removing. I know she has no right as its not her photo. But does the person who took the photo have a right to have the pic removed from the video evan tho she posted it on facebook and tagged 4 people in it? Does that make more sence. My other thought is that the girl who has been cast into a video without consent, may have rights because the photo was used in a video to be shown to a public body potentially bring her name into disrepute. This was the bit that was making me think. read - www.danheller.com/model-release.html#summaryquote..'Let's return to the photos of the school soccer game mentioned at the beginning of this chapter that you started reading several weeks ago. Maybe you can now answer some of these questions yourself. If you want to license some to the local paper for a news story, now you know you canโwithout a release. If you want to sell prints back to the parents, again, you know you can do thisโwithout a release. If the school wants to put your pictures on its website, you know it can do thisโwithout a release. However, if you want to license the pictures to someone that will use them in some sort of ad, promotion, or statement, that's another story. For these, they will need a release, in which case, it's customary for the photographer to get it....' not sure if this helps |
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becksaboo
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March 2007
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legality of photos on facebook, by becksaboo on Dec 10, 2008 14:08:57 GMT 1, with regards to facebook's rules, what it means is if someone died in controversial circumstances, for example binge drinking, the facebook can allow for the pictures of the person to be used in the papers etc. This has happened a few times, part with myspace pages.
with regards to facebook's rules, what it means is if someone died in controversial circumstances, for example binge drinking, the facebook can allow for the pictures of the person to be used in the papers etc. This has happened a few times, part with myspace pages.
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howler
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October 2008
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legality of photos on facebook, by howler on Dec 10, 2008 14:43:39 GMT 1, with regards to facebook's rules, what it means is if someone died in controversial circumstances, for example binge drinking, the facebook can allow for the pictures of the person to be used in the papers etc. This has happened a few times, part with myspace pages.
Are you sure about that ? it's not the case on other social networking sites that have photos posted. I though Murdoch had a big share in facebook, reckon the "rules" are far more to do with a desire to control and own media by any and all means myself.
with regards to facebook's rules, what it means is if someone died in controversial circumstances, for example binge drinking, the facebook can allow for the pictures of the person to be used in the papers etc. This has happened a few times, part with myspace pages. Are you sure about that ? it's not the case on other social networking sites that have photos posted. I though Murdoch had a big share in facebook, reckon the "rules" are far more to do with a desire to control and own media by any and all means myself. |
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becksaboo
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March 2007
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legality of photos on facebook, by becksaboo on Dec 10, 2008 15:00:09 GMT 1, with regards to facebook's rules, what it means is if someone died in controversial circumstances, for example binge drinking, then facebook can allow for the pictures of the person to be used in the papers etc. This has happened a few times, part. with myspace pages. Are you sure about that ? it's not the case on other social networking sites that have photos posted. I though Murdoch had a big share in facebook, reckon the "rules" are far more to do with a desire to control and own media by any and all means myself.
I'm not sure whether he owns facebook, I presume he does as he owns everything so the rules may have changed but I know that myspace has been used in the past, particularly with the daily mail stealing pics from it. But then they could have just taken the printed them and sorted out the legal stuff afterwards.
Bebo has been used in the past as well. Can't think of recent examples though.
But in answer to the initial question, as I understand it, if the pics been taken in the public place then the photgrapher has the copyright however if it's used for commercial purposes it's always best to have a release form so you're back's covered but you don't need it.
Isn't this how alphabeat got aware with using eine's work for commercial gain?
with regards to facebook's rules, what it means is if someone died in controversial circumstances, for example binge drinking, then facebook can allow for the pictures of the person to be used in the papers etc. This has happened a few times, part. with myspace pages. Are you sure about that ? it's not the case on other social networking sites that have photos posted. I though Murdoch had a big share in facebook, reckon the "rules" are far more to do with a desire to control and own media by any and all means myself. I'm not sure whether he owns facebook, I presume he does as he owns everything so the rules may have changed but I know that myspace has been used in the past, particularly with the daily mail stealing pics from it. But then they could have just taken the printed them and sorted out the legal stuff afterwards. Bebo has been used in the past as well. Can't think of recent examples though. But in answer to the initial question, as I understand it, if the pics been taken in the public place then the photgrapher has the copyright however if it's used for commercial purposes it's always best to have a release form so you're back's covered but you don't need it. Isn't this how alphabeat got aware with using eine's work for commercial gain? |
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