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Thread: Photograph copyright on facebook

  1. #1
    Member Babiana's Avatar
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    Photograph copyright on facebook

    Recently I would like to add a personal page on facebook where I can upload my photography work. I mainly just want to share it with friends and get comments. Should I be careful about the copyright thing? If so, how?

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    Administrator ricktas's Avatar
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    what copyright thing? The person who pressed the shutter button owns copyright from that moment (in Aus), unless you were paid to take the photos and as part of the contract you signed ownership to another party, OR, the photos were domestic portraiture (paid for by the client) and in that case, the client owns copyright, for example, weddings, engagement shoots, baby shots etc.

    Or are you concerned about people taking your photos off facebook and using them? If so, then that is just part of using the web, eventually someone will take a copy of one of your photos, it is the way life is. Are they right to do so, not without your permission, but what would you do if you found someone had one?

    If you are concerned about people 'borrowing' copies of your work off facebook, you have two choices, post them and accept it, or not post them at all. The other thing you can look into is watermarking them.
    "It is one thing to make a picture of what a person looks like, it is another thing to make a portrait of who they are" - Paul Caponigro

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  3. #3
    It's all about the Light!
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    With respect to copyright, Facebook's FAQ says:

    You retain the copyright to your content. When you
    upload your content you grant us a license to use and display
    your content. For more information please visit our Terms of
    Use, which contain a link to our Copyright Policy and other
    important information about your privileges and responsibilities
    as a Facebook user.

    All very nice...but, when you dig into the Terms and Conditions, they say:

    When you post User Content to the Site, you authorize and
    direct us to make such copies thereof as we deem necessary in
    order to facilitate the posting and storage of the User Content
    on the Site. By posting User Content to any part of the Site, you
    automatically grant, and you represent and warrant that you
    have the right to 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, to prepare derivative works of, or incorporate into
    other works, such User Content, and to grant and authorize
    sublicenses of the foregoing.

    Words like irrevocable, perpetual, worldwide, sublicence rights and "any purpose" are quite worrying.
    regards, Kym Gallery Honest & Direct Constructive Critique Appreciated! ©
    Digital & film, Bits of glass covering 10mm to 500mm, and other stuff



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    You took the photo so you retain copyright.

    That said, as with anything on the web, its worldwide and easily accessable, which means any joe blow is able to grab the image if wanted, and if they want it bad enough they are going to ge it regardless of copyright. You would be hard pressed if FB used your image with out consent, but as Kym suggested, tricky T's and C's mean there is a small possibility that it could happen.

    As Rick suggested, watermarking is good, and make sure you only upload low res files to the web, its really all you can do, bar not putting them up at all. If its only your friends viewing it, change your privacy settings so that only friends can view your photos.

    But again, it depends whether your refering to copyright or image theft...
    Cheers, Brad




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    I heard a discussion about this recently on ABC radio (so, it must be true) about this very area..

    It is a minefield. Facebook claims it, by you agreeing to the T&Cs, retains rights.

    The bottom line, according to the discussion, was - good luck suing Facebook (a Multi-billion dollar enterprise) or even figuring out which jurisdiction to sue them in.

    Best to assume that if you put it on FB, you agree to the world using it.

    Scotty
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    And yet if you can prove some one is using your images elsewhere on FB without your permission, they will remove said images from said FB page, group etc.

    I've successfully had several images removed from those who have "nicked" some of my mages without permission from FB or website.
    Last edited by Charmed; 31-05-2011 at 1:43pm.
    Simone

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    Member James T's Avatar
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    Not really an issue with FB asking for the right to show your pictures.. after-all that's what you want them to do and is the sole reason for you uploading them.

    Yes they have the bit about using to promote the site, but I don't remember ever seeing and advert for FB. much less one that used some random person's photograph.

    The free advertising you can get through FB is more than worth the 'risk?' of FB using your picture.
    Last edited by James T; 31-05-2011 at 2:16pm.

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    Quote Originally Posted by Charmed View Post
    And yet if you can prove some one is using your images elsewhere on FB without your permission, they will remove said images from said FB page, group etc.

    I've successfully had several images removed from those who have "nicked" some of my mages without permission from FB or website.
    I am talking about FB themselves using / retaining ownership.

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    Keep photos to 720 longest size and about 100k file size at 72dpi....I wouldn't bother watermarking
    Darren
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    Constructive Critique of my images always appreciated

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    what if you host it on your own website or another webhosting site (flickr etc) and simply "like" the photo so it appears on your facebook?
    Ben

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    Quote Originally Posted by brindyman View Post
    what if you host it on your own website or another webhosting site (flickr etc) and simply "like" the photo so it appears on your facebook?
    A like is one thing, it tracks back to you. But an obvious right click & save, be it from your fb or website, then uploaded to their photos albums, even at 800x533 at 72dpi and watermarked or not I don't care. If it's been nicked I report it.

    Quote Originally Posted by Scotty72
    I am talking about FB themselves using / retaining ownership.
    You would have to be pretty naive to think otherwise. Notice after the recent round of FB updates that photos from your friends & their friends list appear on the right side ? So one would assume that all their mumbo jumbo would cover that. But then again one should never assume

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    Quote Originally Posted by Charmed View Post
    A like is one thing, it tracks back to you. But an obvious right click & save, be it from your fb or website, then uploaded to their photos albums, even at 800x533 at 72dpi and watermarked or not I don't care. If it's been nicked I report it.
    i was going more from the point of.........say i upload a picture to my website and i want it to appear on my facebook fan page for instance......i like the photo which is on my website and it appears on the wall of my facebook page not uploaded to facebook win/win

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    Member jeffde's Avatar
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    That said Darren if you watermark say a wedding photo, they reuse it as their profile pic you still get the advertising - i don't always but its easy on FB to forget who took the photo...
    Jeff - Jeff D Photography
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    http://jeffdphoto.ifp3.com/
    www.jeffdphotography.com.au


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    Yes, I guess thats fair enough - that's why I try to beat the couple to the punch and post facebook photos as quickly as possible and then tag them so that the link back to me is now always there
    Last edited by kiwi; 01-06-2011 at 7:59am.

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    Quote Originally Posted by kiwi View Post
    Yes, I guess thats fair enough - that's why I try to beat the couple to the punch and post facebook photos as quickly as possible and then tag them so that the link back to me is now always there
    Yep best way I have found to do it as well, i always keep a watermark on FB just incase, more for the "advertising" side than anything...

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    Quote Originally Posted by Kym View Post
    ....irrevocable,
    perpetual, non-exclusive, transferable, fully paid, worldwide
    license (with the right to sublicense) to use, copy, publicly
    perform, publicly display, reformat, translate....

    Worry about "the copyright thing"? No, don't give it another thought. Cuz you've just given fb a license to do whatever they want with it, and it is a transferable license. That means fb can give everyone in the world the same license to do whatever they want with it.

    So you'll own the copyright thing, you'll get your 15min fame, and everyone in the world can do whatever they wish with the image.

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