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phil62
phil62  3 United Kingdom
31 Oct 2011 - 1:05 PM

hi
local press published one of my photos . only place they could of got it was off facebook i think
whats the best way to approach them

regards
Phil

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31 Oct 2011 - 1:05 PM

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thewilliam
31 Oct 2011 - 2:17 PM

Copyright seems to exist only in theory and seems to be regulated by the same laws as the school playground.

If the class bully wants to steal something, unless you're a bit of a bruiser yourself or have a brother who's bigger than the bully, then it stolen and you can't do anything about it. The police act much like the teacher who's anxious not to infringe the bully's human rights and doen't give a fig for the victim.

Send an invoice by all means, stating the date and size of the usage. Find out "the going rate" and ask for this but don't hold your breath. Good luck!

Andy_Cundell
31 Oct 2011 - 2:19 PM

Have they copied the photo or used a link to the photo from your facebook?

Just drop the photo from your facebook so the link doesn't work.............if not, as above!

Andy

ikett
ikett  4351 forum posts England
31 Oct 2011 - 2:26 PM

As thewilliam says,

Quote: Copyright seems to exist only in theory

If you don't want an image to be used without your consent don't put it on a website,
facebook really only care about facebook anything you do on there is at your own risk,
a touch dangerous I suspect!

Stubill
Stubill  6107 forum posts England
31 Oct 2011 - 2:31 PM

Terms of Facebook = anything you post gives them sub-licence rights.
If it WAS downloaded from FB, then the matter is between your local publication and FB, I'm afraid.
Sorry to state the obvious/harsh - but don't post images to Facebook and then be surprised/angy/pissed when they get nicked.

MrGoatsmilk
31 Oct 2011 - 2:34 PM


Quote: Have they copied the photo or used a link to the photo from your facebook?

Just drop the photo from your facebook so the link doesn't work.............if not, as above!

Andy

If it is a link you could always change the photo for something else, maybe a photo they would not want on their site Wink

Andy_Cundell
31 Oct 2011 - 2:57 PM


Quote: Have they copied the photo or used a link to the photo from your facebook?

Just drop the photo from your facebook so the link doesn't work.............if not, as above!

Andy


If it is a link you could always change the photo for something else, maybe a photo they would not want on their site Wink

LMFAO! MrGoatsmilk, you are a bloody genious!Tongue

col.campbell
31 Oct 2011 - 4:51 PM


Quote: Terms of Facebook = anything you post gives them sub-licence rights.
If it WAS downloaded from FB, then the matter is between your local publication and FB, I'm afraid.
Sorry to state the obvious/harsh - but don't post images to Facebook and then be surprised/angy/pissed when they get nicked.

Are you sure that's how it works? I thought Facebook had the right to use your images (but not to sell on). I also thought that the photographer also retained the right to use his/ her own images as required.

Standing by to be corrected..

Stubill
Stubill  6107 forum posts England
31 Oct 2011 - 5:36 PM

Yes, it's a non-exclusive agreement - so of course you are free to do what you like with your images.
They don't sell them on - it just means that anyone (eg. local newspaper) can take them safe in the knowledge there is no re-course to the
original copyright owner. Facebook couldn't give a flying hoot.

Andy_Cundell
31 Oct 2011 - 7:10 PM

Thinking about this though, if you have your photos on friends only, no one else could see them to use them?

Overread
Overread  63763 forum posts England18 Constructive Critique Points
31 Oct 2011 - 7:41 PM

Stubill - Facebook having the rights to sublicence your images does not give other people the rights to use those photos without permission. They'd still have to get the licence right from Facebook in order to use the photo.

If, however, they've no licence from Facebook nor yourself then indeed the image is being used without a proper licence and thus is up for legal challenge.

Stubill
Stubill  6107 forum posts England
31 Oct 2011 - 9:15 PM

Don't get me wrong, I don't agree with the practice, but it seems (especially in the case of journalism/news reporting) that the offending parties are
more than capable of hiding behind the banner of 'fair usage', when challenged.

Overread
Overread  63763 forum posts England18 Constructive Critique Points
31 Oct 2011 - 9:32 PM

Remember most people challenging are not going to be working professionals and most won't have contacted a lawyer even for a free consultation on their position. So any legal sounding reply with something like "fair usage" or somesuch thrown in can deflate/defeat them without the company having to spend anything.

User_Removed
31 Oct 2011 - 11:19 PM


Quote: Yes, it's a non-exclusive agreement - so of course you are free to do what you like with your images.

Have you any links to the relevant agreement or a quote of the relevant part?

mikehit
mikehit  56461 forum posts United Kingdom9 Constructive Critique Points
1 Nov 2011 - 1:55 AM

I googled 'facebook terms of use' and the only specific thing it seems to mention is FB rights to use your profile photo and personal information. But it seems vaguely enough worded that you could include in that your other photos as well.

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