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Thread started 20 Aug 2009 (Thursday) 08:26
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How much compensation if a newspaper steals your picture

 
basroil
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Aug 24, 2009 17:59 |  #31

jaybird wrote in post #8492887 (external link)
They stole the photo from an internet site: Facebook

If you posted the photo on facebook yourself, tough luck, use a massive watermark next time. You have absolutely no grounds to sue in any country due to the license type you signed when posting the photograph to facebook.

If you didn't post the photo on facebook and it was taken from there, then you should contact a lawyer and also register the photographs with your local copyright office (if your country requires it for full coverage of copyright protections).


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Jimconnerphoto
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Aug 24, 2009 18:09 |  #32

basroil wrote in post #8516579 (external link)
If you posted the photo on facebook yourself, tough luck, use a massive watermark next time. You have absolutely no grounds to sue in any country due to the license type you signed when posting the photograph to facebook.

If you didn't post the photo on facebook and it was taken from there, then you should contact a lawyer and also register the photographs with your local copyright office (if your country requires it for full coverage of copyright protections).

Depends on what agreement you have agreed to. They have changed it a couple of times. If you search their help documents you will find this:
qouted from http://www.facebook.co​m …h.php?hq=copyri​ght&ref=hq (external link)
Do I retain the copyright and other legal rights to material I upload to Facebook?
Yes, you retain the copyright to your content. When you upload your content, you grant us a license to use and display that content. For more information please visit our Terms of Use, which contain information about intellectual property, as well as your privileges and responsibilities as a Facebook user.


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chakalakasp
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Aug 24, 2009 18:16 |  #33

basroil wrote in post #8516579 (external link)
If you posted the photo on facebook yourself, tough luck, use a massive watermark next time. You have absolutely no grounds to sue in any country due to the license type you signed when posting the photograph to facebook.

If you didn't post the photo on facebook and it was taken from there, then you should contact a lawyer and also register the photographs with your local copyright office (if your country requires it for full coverage of copyright protections).

Nope, you're wrong.


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basroil
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Aug 25, 2009 08:47 |  #34

Facebook has always included a section that says something like: you grant us a unlimited worldwide, transferable, sub-licensable license that is revoked when you delete it from your page, except for any copies made that are still on the service. It also doesn't matter what agreement you signed up with, they all include a clause that says it can be updated at any time. I could have sworn that OP had an extra post that said the newspaper had a facebook page with that image also in it, so as far as the agreement goes, they sublicensed an image from facebook, and they don't need to give anyone squat because they have a valid (though sketchy) license from facebook to use it (and facebook has all the right in the world, quite literally, to do so according to the agreement). zagiace, a FAQ is not the same as the actual agreement, and is in fact misleading. If you read the agreement, it's quite sketchy.

zagiace wrote in post #8516625 (external link)
Depends on what agreement you have agreed to. They have changed it a couple of times. If you search their help documents you will find this:
qouted from http://www.facebook.co​m …h.php?hq=copyri​ght&ref=hq (external link)
Do I retain the copyright and other legal rights to material I upload to Facebook?
Yes, you retain the copyright to your content. When you upload your content, you grant us a license to use and display that content. For more information please visit our Terms of Use, which contain information about intellectual property, as well as your privileges and responsibilities as a Facebook user.

chakalakasp wrote in post #8516668 (external link)
Nope, you're wrong.


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hughes_57
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Aug 25, 2009 09:11 |  #35
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So what was the picture?


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MJPhotos24
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Aug 25, 2009 10:05 |  #36

dr1ft wrote in post #8514103 (external link)
Does your photo have a model? A model release?

Newspapers don't need model releases, it's editorial.


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Jimconnerphoto
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Aug 25, 2009 12:58 |  #37

basroil wrote in post #8519605 (external link)
Facebook has always included a section that says something like: you grant us a unlimited worldwide, transferable, sub-licensable license that is revoked when you delete it from your page, except for any copies made that are still on the service. It also doesn't matter what agreement you signed up with, they all include a clause that says it can be updated at any time. I could have sworn that OP had an extra post that said the newspaper had a facebook page with that image also in it, so as far as the agreement goes, they sublicensed an image from facebook, and they don't need to give anyone squat because they have a valid (though sketchy) license from facebook to use it (and facebook has all the right in the world, quite literally, to do so according to the agreement). zagiace, a FAQ is not the same as the actual agreement, and is in fact misleading. If you read the agreement, it's quite sketchy.

Yes, the FAQ is not the TOS:
Like I had said before, it has changed from Facebook claiming to own irrevocable rights to anything posted or uploaded to the current:


You own all of the content and information you post on Facebook, and you can control how we share your content through your privacy (external link) and application (external link) settings. In order for us to use certain types of content and provide you with Facebook, you agree to the following:


  1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy (external link) and application (external link) settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
I believe the terminology is pretty close to what it was in the previous agreement but you did not have the option to opt out in your privacy settings.

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chakalakasp
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Aug 25, 2009 18:06 |  #38

basroil wrote in post #8519605 (external link)
Facebook has always included a section that says something like: you grant us a unlimited worldwide, transferable, sub-licensable license that is revoked when you delete it from your page, except for any copies made that are still on the service. It also doesn't matter what agreement you signed up with, they all include a clause that says it can be updated at any time. I could have sworn that OP had an extra post that said the newspaper had a facebook page with that image also in it, so as far as the agreement goes, they sublicensed an image from facebook, and they don't need to give anyone squat because they have a valid (though sketchy) license from facebook to use it (and facebook has all the right in the world, quite literally, to do so according to the agreement). zagiace, a FAQ is not the same as the actual agreement, and is in fact misleading. If you read the agreement, it's quite sketchy.

Regardless, unless Facebook specifically granted the paper a license to print the image in the paper, then the paper very much can be sued by the photographer. Of course, it may not be worth the while, but I doubt Facebook granted the paper a license (assuming they even have the legal authority) to print the image in the actual newspaper. Thus, the image was unlicensed.


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jbimages
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Aug 25, 2009 20:14 |  #39

Some photographers have a degree of success, http://****/ldceng (external link) is about a Murdoch rag paying up after being caught pinching a photo.


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hughes_57
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Aug 25, 2009 20:41 |  #40
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Still wondering what the was the picture of?


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How much compensation if a newspaper steals your picture
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