Intellectual Property issue on facebook last night

[WelshBloke]

So because someone like lady gaga post a pic on facebook, she gives up the rights to the picture?

I can then take the picture, put it on a tee-shirt and sell the shirt?




Wow, just wow. Where did you come up with that?

Depends if facebook gives users the rights to commercialise its pictures.

 

[foghorn67]

This is why I always post a link to my gallery.

 

[jagec]

So because someone like lady gaga post a pic on facebook, she gives up the rights to the picture?

I can then take the picture, put it on a tee-shirt and sell the shirt?




Wow, just wow. Where did you come up with that?

She doesn't give up any rights to use the picture. Other people GAIN rights to use the picture. She can still sell all the shirts she wants, but other people can use the picture as well because she posted it publicly on Facebook.

I think that the guy from this story must have been TexasHiker:

<NES> lol
<NES> I download something from Napster
<NES> And the same guy I downloaded it from starts downloading it from me when I'm done
<NES> I message him and say "What are you doing? I just got that from you"
<NES> "getting my song back fucker"

 

[waggy]

So because someone like lady gaga post a pic on facebook, she gives up the rights to the picture?

I can then take the picture, put it on a tee-shirt and sell the shirt?

That would be the only wyou could have a complaint. then its not with Facebook and you would need to go to a attorney.

 

[dainthomas]

Negative.

Granting a site non-exclusive permission is a lot different then a user redistributing that material.

Why do you think youtube has been sued so many times?

Here it is in black and white

http://www.facebook.com/legal/terms



There it is, in the terms of service, users agree not to post material they do not have the rights to.

This has to be a troll thread, but I'll bite.

If you really care about the picture of your squalling, smelly grandkid being shared by some other kid without your permission, then sue them for a bajillion dollars. Works pretty well for the MPAA. Otherwise, stop being a d-bag about it.

Either way:

 

[Texashiker]

Someone is selling your pictures for profit? :hmm:

KT

No, nobody is selling the pictures of the child. This is a matter of principle and property rights.

I run a blog and a forum. I use facebook to promote both sites. Part of the promotion is uploading copyright protected and watermarked images to facebook. The images are watermarked copyright, date and my real name.

Its a heck of a thought that I am relinquishing my property rights when I upload an image to facebook. The images I upload are for commercial reasons. The images I post could equal money later on through traffic to my sites.

I see one of my images on another site in a few months. I have no recourse because the image was uploaded to facebook?

 

[Ns1]

I see one of my images on another site in a few months. I have no recourse because the image was uploaded to facebook?

sue sue sue.

 

[waggy]

No, nobody is selling the pictures of the child. This is a matter of principle and property rights.

I run a blog and a forum. I use facebook to promote both sites. Part of the promotion is uploading copyright protected and watermarked images to facebook. The images are watermarked copyright, date and my real name.

Its a heck of a thought that I am relinquishing my property rights when I upload an image to facebook. The images I upload are for commercial reasons. The images I post could equal money later on through traffic to my sites.

I see one of my images on another site in a few months. I have no recourse because the image was uploaded to facebook?

And you know how you stop it? DON'T UPLOAD TO FACEBOOK

shit seems easy to me.

 

[WelshBloke]

And you know how you stop it? DON'T UPLOAD TO FACEBOOK

shit seems easy to me.

Or just upload low res photos or ones with a very visible watermark.

 

[AMDZen]

Another, TexasHiker is completely clueless discussion, I see.

I can't believe someone who is as paranoid about credit would use facebook, but it definitely provides for the LOLs when he pwns himself

 

[sixone]

*sigh* Where does it say that?

Remember we are talking about facebook. When you post something publicly there you are agreeing to share that photo and agreeing to let others use that photo.

No, you are not making any such agreement, except with Facebook itself.

http://www.copyright.gov/help/faq/faq-definitions.html

Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher.

 

[Texashiker]

This has to be a troll thread, but I'll bite.

No, this is not a troll thread.

Have you ever created anything? Wrote an article, ran a website, made a video?

Ever made anything that you wanted to protect?

 

[jagec]

I run a blog and a forum. I use facebook to promote both sites. Part of the promotion is uploading copyright protected and watermarked images to facebook. The images are watermarked copyright, date and my real name.

Its a heck of a thought that I am relinquishing my property rights when I upload an image to facebook. The images I upload are for commercial reasons. The images I post could equal money later on through traffic to my sites.

I run a coffee shop. I promote my business by giving away free coffee and telling people to come check out the shop sometime. People are drinking the free coffee, but no one comes into the shop and buys coffee. Aren't people legally obligated to come to the shop and buy stuff after I give it to them for free?

 

[waggy]

Or just upload low res photos or ones with a very visible watermark.

fuck that. i just put myself in them. NOBODY will be copy that!

 

[AMDZen]

No, this is not a troll thread.

Have you ever created anything? Wrote an article, ran a website, made a video?

No. This is a tech forum and none of us have ever done anything of the sort

DUH

 

[waggy]

No, this is not a troll thread.

Have you ever created anything? Wrote an article, ran a website, made a video?

yeah. and you know what i don't do? put them on a FREE site where the TOS says i give AWAY my rights on them and ALLOW them to be copied.

that is unless i don't give a shit about the pics/movies etc.

 

[WelshBloke]

No, you are not making any such agreement, except with Facebook itself.

[URL="http://www.copyright.gov/help/faq/faq-definitions.html[/URL]

Right so if you do own the copyright you can sign it over to facebook when you upload it and if you don't own the copyright you aren't supposed to upload it in the first place. Or are you getting hung up on "written agreement" having to be on paper?

 

[Dumac]

No, this is not a troll thread.

Have you ever created anything? Wrote an article, ran a website, made a video?

Ever made anything that you wanted to protect?

Your arguments keep getting better and better.

 

[WelshBloke]

fuck that. i just put myself in them. NOBODY will be copy that!

There is that.

 

[Ns1]

No, this is not a troll thread.

Have you ever created anything? Wrote an article, ran a website, made a video?

Ever made anything that you wanted to protect?

100% what waggy said:

yeah. and you know what i don't do? put them on a FREE site where the TOS says i give AWAY my rights on them and ALLOW them to be copied.

that is unless i don't give a shit about the pics/movies etc.

 

[AMDZen]

Your arguments keep getting better and better.

Or his lack of an argument is betting better and better.

Have you ever used a keyboard? Have you ever typed on it? Ever posted on a forum?

FUCK YOU NONE OF YOU KNOW WHAT I AM GOING THROUGH, I POSTED PICS ON FACEBOOK AND SOMEONE REPOSTED THEM, WTF HAPPENED TO AMERICA!! RRRAAAAAAHHH!!!!

 

[waggy]

I know what it is. the lady posted a pic of his grandkid and shopped it so they were getting a immunization shot

 

[GagHalfrunt]

Your entire family is a bunch of idiots.

 

[SMOGZINN]

No, nobody is selling the pictures of the child. This is a matter of principle and property rights.

I run a blog and a forum. I use facebook to promote both sites. Part of the promotion is uploading copyright protected and watermarked images to facebook. The images are watermarked copyright, date and my real name.

Its a heck of a thought that I am relinquishing my property rights when I upload an image to facebook. The images I upload are for commercial reasons. The images I post could equal money later on through traffic to my sites.

I see one of my images on another site in a few months. I have no recourse because the image was uploaded to facebook?

Texas, I spend 6 years of my life doing licensing negotiations for a major corporation. I can tell you that their TOS gives them permission to re-use, for commercial use, photos you post on Facebook. This right is non-exclusive, meaning that you retain the rights to use them, for profit, including selling those same rights to others, of those pictures (I would have to dig deeper, but you have probably given up your right to sell exclusive use of those photos.) But they definitely have the right to post those pictures for commercial use.

In other words, Facebook could take a photo of yours and put it on a billboard advertising Facebook, or one of it's partners.

 

[SMOGZINN]

No, you are not making any such agreement, except with Facebook itself.

"Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher."
http://www.copyright.gov/help/faq/faq-definitions.html

Oh, woah. No one is selling their ownership, only usage rights. Ownership is a completely different topic. I can sell useage rights over and over again, but I can only sell ownership once.

This is why all the 'if you took my truck' arguments are dumb, those arguments deal with ownership and not usage rights. When I take a truck I am depriving you of ownership, when I copy data I'm only taking away your exclusivity of usage.