A "friend" took a photo of my daughter and turned it into a painting. Then she sold it. My daughter is a minor and the photo is displayed on both my website and blog, but was also briefly on Facebook. I'm not sure where she got the photo from, but since she's sold the painting her and I are in quite the dispute. I'm livid to me honest. Absolutley livid. The painting is truly beauitful and looks identical to my photograph. The painting is even named after my daughter.
I've been looking into the copyright law in Canada and I see (and believe) that she has definitely violated Canadian Copyright Law. She's saying she's in the right because I put it on Facebook. She says that by posting it on FB I have given up the rights to the photo.
I have found this in a quick google search:
"You retain the copyright to your content. When youupload your content you grant us a license to use and displayyour content. For more information please visit our Terms ofUse, which contain a link to our Copyright Policy and otherimportant information about your privileges and responsibilitiesas 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 anddirect us to make such copies thereof as we deem necessary inorder to facilitate the posting and storage of the User Contenton the Site. By posting User Content to any part of the Site, youautomatically grant, and you represent and warrant that youhave the right to grant, to the Company an irrevocable,perpetual, non-exclusive, transferable, fully paid, worldwidelicense (with the right to sublicense) to use, copy, publiclyperform, publicly display, reformat, translate, excerpt (inwhole or in part) and distribute such User Content for anypurpose on or in connection with the Site or the promotionthereof, to prepare derivative works of, or incorporate intoother works, such User Content, and to grant and authorizesublicenses of the foregoing.
I don't see anywhere that any third parties can come in a take your photo and make a copy of it for profit. I only see that FB can use the photo how they choose.
I really don't want money from her. I just don't want this painting floating around of my daughter, taken from my photo that I did not give permission for her to use.
If ANYONE has any sort of links or resources to help me fight this I would greatly appreciate it.