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Author Topic: Facebook and copyright.  (Read 1938 times)

Offline Reinardina

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Facebook and copyright.
« on: June 10, 2012, 06:59:36 PM »
I don't use Facebook, so it does not concern me, but I know a lot of people have pictures on that site, and I wonder if they know the following:

"but did you know that once you have uploaded pictures, Facebook owns your copyright?"

(Trend Micro advertisement in The Daily Telegraph of 9 June 2012)



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Reinardina.

Beauty is bought by judgment of the eye.
Shakespeare. (Love's Labours Lost.)

Offline Beaux Reflets

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Re: Facebook and copyright.
« Reply #1 on: June 10, 2012, 07:28:36 PM »
Do you have a link to the article Reinardina ?
:beer: Andy

"Light anchors things in place and gives perspective meaning."

The choices we make are rooted in reflection.

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Offline jinky

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Re: Facebook and copyright.
« Reply #2 on: June 10, 2012, 08:00:43 PM »
Read this so many times. That`s why I tend to put up lower res files or ones that are there to promote  or just share. I`ve had more nicked from flickr than there though

Offline Hinfrance

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Re: Facebook and copyright.
« Reply #3 on: June 10, 2012, 08:40:18 PM »
No-one has ever knicked any of my pictures - ever. So I find it really hard to give a monkeys. And I never post any pictures on bookface anyway.
Howard  My CC Gallery
My Flickr
The theory seems to be that as long as a man is a failure he is one of God's children, but that as soon as he succeeds he is taken over by the Devil. H.L Mencken.

Offline Reinardina

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Re: Facebook and copyright.
« Reply #4 on: June 10, 2012, 09:14:49 PM »
Andy, I cannot find a link. It is an 'article' (read advertisement) "in association with Trend Micro." In yesterday's Telegraph.
I'll see if I can take a photograph of it tomorrow, when it's light.

I never have had a photograph stolen, or at least I don't know about it. They're probably not worth it (yet?).
It's the principle I hate; I have always avoided competitions, or anything, where you had to hand over the copyright.
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Reinardina.

Beauty is bought by judgment of the eye.
Shakespeare. (Love's Labours Lost.)

Offline Oldboy

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Re: Facebook and copyright.
« Reply #5 on: June 10, 2012, 10:05:34 PM »
Err....the terms of a contract like that would be considered unfair under the Supply of Goods Act so, if they knick your pictures sue them.  >:(

Offline WillyP

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Re: Facebook and copyright.
« Reply #6 on: June 11, 2012, 12:53:37 PM »
I don't recall any such agreement on FB, but it may have been buried in the fine print somewhere. It would make sense that FB would have such a clause.

I would think, a bigger issue than someone else using your pic, would be if someone else tried to prevent you from using your own pic. If you sign all rights away by uploading to FB, I could see that happening.

Offline Beaux Reflets

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Re: Facebook and copyright.
« Reply #7 on: June 11, 2012, 01:14:30 PM »
Reading the FB terms, you do not sign all rights away. You just give a royalty free license of use within FB presence IP use. Much as you do by uploading onto here.
:beer: Andy

"Light anchors things in place and gives perspective meaning."

The choices we make are rooted in reflection.

http://beauxreflets.blogspot.com/

Offline Reinardina

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Re: Facebook and copyright.
« Reply #8 on: June 11, 2012, 03:51:41 PM »
Well, that's a relief. (On other people's behalf.)

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Reinardina.

Beauty is bought by judgment of the eye.
Shakespeare. (Love's Labours Lost.)

Offline Jonathan

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Re: Facebook and copyright.
« Reply #9 on: June 12, 2012, 09:26:44 AM »
Err....the terms of a contract like that would be considered unfair under the Supply of Goods Act so, if they knick your pictures sue them.  >:(

Sigh....

1 No, in the legal sense I can't see anything unfair about that.  If you offer me something you believe is worth far more than the consideration I give you but you still agree then it's not unfair.  You just agreed a bad deal.

2. You can't knowingly enter into a contract that you believe to be unfair and then rely on the "unfair" terms to get you out of it.  Basically you agree to the terms at point of agreement.  If they later transpire to be unfair then that's a whole other thing.  When they changed their policy there was a fair amount of publicity about it and they could in fact reasonably assume anybody who was interested had actually read it before agreeing.

3. Suing people costs a lot.  Like stupid amounts.  Especially if they are in another country.  Especially if that country is America.  You would basically be betting that you could cause FB enough embarrassment/cost before you ran out of money that they would pay you money to shut up.  Unfortunately they would never do that because it would open them to a class action by every one of their users.  And that would be bad for the share price.

We should be far more worried about the European version of the orphan works bill (http://ec.europa.eu/internal_market/copyright/orphan_works/index_en.htm)

Copyright is by and large over.  Europe are just mopping up the dregs of it.
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Offline spinner

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Re: Facebook and copyright.
« Reply #10 on: June 12, 2012, 07:15:25 PM »
I think that's actually happening here in Canada right now. A woman in Vancouver is suing FB because they pulled a picture of her from her profile and used it in one of their focused ads without
her permission.
And more, much more than this, I did it my way
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Offline Oldboy

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Re: Facebook and copyright.
« Reply #11 on: June 12, 2012, 07:29:23 PM »
Err....the terms of a contract like that would be considered unfair under the Supply of Goods Act so, if they knick your pictures sue them.  >:(

Sigh....

1 No, in the legal sense I can't see anything unfair about that.  If you offer me something you believe is worth far more than the consideration I give you but you still agree then it's not unfair.  You just agreed a bad deal.

2. You can't knowingly enter into a contract that you believe to be unfair and then rely on the "unfair" terms to get you out of it.  Basically you agree to the terms at point of agreement.  If they later transpire to be unfair then that's a whole other thing.  When they changed their policy there was a fair amount of publicity about it and they could in fact reasonably assume anybody who was interested had actually read it before agreeing.

3. Suing people costs a lot.  Like stupid amounts.  Especially if they are in another country.  Especially if that country is America.  You would basically be betting that you could cause FB enough embarrassment/cost before you ran out of money that they would pay you money to shut up.  Unfortunately they would never do that because it would open them to a class action by every one of their users.  And that would be bad for the share price.

We should be far more worried about the European version of the orphan works bill (http://ec.europa.eu/internal_market/copyright/orphan_works/index_en.htm)

Copyright is by and large over.  Europe are just mopping up the dregs of it.

Under the Regulations, a consumer is not
bound by a standard term in a contract with a
seller or supplier if that term is unfair. Under
the Regulations and the Enterprise Act we, and
other named enforcers, have powers to stop
businesses using unfair standard terms and
anyone from recommending the use of such
terms in contracts with consumers.
A consumer is an individual not acting for the
purposes of his or her trade, business or
profession.

Standard terms are those devised by a
business in advance, not individually negotiated
with the consumer. They do not have to be in
writing but typically they are found in the 'small
print' on the back of order forms and bills and
so on. While the Regulations do not apply to
any term that can be shown to have been
individually negotiated, they do apply to any
standard terms in the same contract.  :tup:

http://www.oft.gov.uk/shared_oft/business_leaflets/unfair_contract_terms/oft143.pdf

Offline Jonathan

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Re: Facebook and copyright.
« Reply #12 on: June 13, 2012, 09:48:12 AM »
Well then, it seems pretty easy to make a complaint to the OFT.  If you believe the term is unfair then it doesn't matter whether they exercise it (sell one of your pictures) or not.  In fact, the longer you leave it the weaker your case.

Best of luck getting them to take action against a large US corporation though.  Government departments are generally unwilling to test whether their regulations affect overseas firms or not.

Anybody read the orphan works thing?  It's probably more useful to get angry about that...
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Offline jinky

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Re: Facebook and copyright.
« Reply #13 on: June 13, 2012, 08:10:54 PM »
I think that's actually happening here in Canada right now. A woman in Vancouver is suing FB because they pulled a picture of her from her profile and used it in one of their focused ads without
her permission.

I posted a warning in facebook myself about this. Under facebook terms they can use any photo of yours in ads targeting your friends etc. It`s simple to stop it though. If you don`t want it to happen go to home, accounts>Facebook Ads (bottom left side) > Adverts shown by third parties > edit and choose no-one and save.

 

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