Client's friend altering picture posted on Facebook

I posted a preview of a shoot for a client on Facebook. And the client's brother, who is also a photographer, posted a comment to the picture with a link to the exact same picture, but with his style of editing.

Is this illegal, or just unethical?

Well, first I'd delete the comment. Second, if you hold the copyright then, yes, no one else should be editing it. When you post on Facebook be sure you include the Copyright info in details section and include things like "Do not crop or alter the image" or whatever. Some people really don't understand copyright and what that means (including some "photographers").

Absolutely unethical. I would NEVER do that. Copyright violation - I think so. If you're putting anything you value on Facebook you need a big watermark. But shame on the other photographer.

I'm not sure if I'd be worried about the ethical/legal implications of what they did as much as the PR implications if I got all bent out of shape over it and alienated them.

You can politely request that they pull it down and if they oblige you're good to go but if they don't, pursuing it might do you more harm than good despite being your legal right. Nobody wants to work with an a-hole.

As a photographer he should know that it is both unethical and a breach of copyright. It's amazing how many togs don't actually understand copyright law.

But more important is, why would you post a "preview" on Facebook? You can do a contact sheet and email it, post previews on a Clients Area on your website, burn a CD/DVD, load it on a memory stick or a hundred other ways. No, the brother had no business touching the image but shame on you for putting it there.

Hrm you may want to Read the Facebook terms of service, as you give up certain rights/license when you post images to facebook. Not sure if it gives him the right to actually edit and repost - but it MIGHT.

Although I consider it wrong to edit another person's photograph on facebook (or anywhere else for that matter), many (if not most) people have never even considered the idea that it may be wrong. Because of this, if I decide to post something on FB, I consider it fair game and don't allow myself to get bent out of shape when someone decides to edit it to their own liking.

skyliner33v wrote in post #13368100
Is this illegal, or just unethical?

... or has it become a “Derivative Work”.

Before I got into Photography, my wife and I and our son got a professional photo shoot done and when the Photographer posted a preview of our shoot on their facebook fan page I grabbed the photograph as I was tagged in it, I cropped where their watermark was and they simply asked me not to until we received our order and after that we can do whatever we want with the pictures. So simply contacting them saying something polite about how you feel might just do the trick.

DunnoWhen wrote in post #13370371
... or has it become a “Derivative Work”.

Which would also be an infringement of copyright.

Dan Marchant wrote in post #13370879
Which would also be an infringement of copyright.

Not necessarily.

if there not doing it To Resell the work they might get away with calling it fair use, its online and may be considered editorial, such as used in a blog

DunnoWhen wrote in post #13370929
Not necessarily.

Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;

Source: http://www.copyright.g​ov/circs/circ1.pdf

Obviously I don't know if the OP is in the USA but copyright law in this regard is the same in most countries. Creation of a derivative work is a breach of copyright. If you know of an exception that would apply in this case then posting some meaningful details would help the OP.

LONDON808 wrote in post #13372874
if there not doing it To Resell the work they might get away with calling it fair use, its online and may be considered editorial, such as used in a blog

It makes no difference if they are reselling the image or not. As for editorial use that would only be a valid claim if they were actually using it for editorial use, such as to illustrate an article on a particular topic. Just reposting the images on Facebook or on a personal blog, in a post entitled "pics of me" or something similar is just personal use and would not benefit from a claim of fair use.

Fair use is a defense against an infringement action.

..

@OP -- How did the edit look? If the other 'tog didn't say anything negative, didn't remove a watermark, and didn't try to take credit, who cares? Sounds like a bit of a compliment, actually.

Besides, post on FB, what do you expect?