I was browsing through a legal forum and noticed an interesting question posed to the panel of lawyers at the site.
The person asking the question was from Ontario, Canada ( I mention this because copyright laws may be different in other Countries) and they wanted to know who owned the copyright to a photograph which was taken of them, on their own camera.....but by another family member (the in-laws).
The question was posed because the in-law who took the photo, digitally signed it and then posted it as their own on their Facebook page.
I thought this was quite an interesting question since the person who was the photographer (and who we generally refer to as being the holder of the copyright) was not the person who owned the camera or digital negative (on the sd card).
So, according to the lawyer who answered....this was the answer " In Canada, the owner of the "film negative" or in the case of a digital camera of the "camera" or the "memory card" would be presumed to be the owner of the copyright. If a person pays the owner of the camera to take the photo then the payor will be deemed to be the owner but you must have paid the consideration.
The copyright owner has the right to publish the photograph or reproduce it and allow others to do so. This would allow them to publish it on Facebook. However, if the exercise of those rights infringes upon other civil rights such as the right or privacy or if it (or a comment or caption) is slanderous or defamatory, then they run the risk of a lawsuit for such matters.
In respect of your recourses, Facebook has terms and conditions of use and you may be able to get relief from them. If not, you may need to take a claim in the courts and even an injunction to stop the publication. These are costly procedures but if the infringement is causing you harm then it may be worth it. Depending on the damages the claim may be brought before a small claims court. "
If this has been posted in the wrong forum, please move it.