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DPChallenge Forums >> General Discussion >> Help - Someone has used my photos
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10/02/2010 09:47:01 AM · #1
Hey all,

Just need some advice.

An online magazine has used 2 of my pictures without my permission and without crediting me.

They used some pictures back in Feb, and were asked by my friend (the subject in the pictures) to take them down as the copyright was owned by me.

Basically, my friend is in a band, I took pictures of her and on the pictures tagged on FB I wrote copyright (my name) 2009 on them. Then a magazine she did an interview for used these pictures - without asking her - therefore without asking me.

I thought it had been resolved, but she has been "tagged" again by this magazine today - and it seems they have used another of my pictures of her in the May edition of their magazine, and another photo in their youtube tv interview show.

I have messaged her today asking him (the "editor" of the magazine) to take them down, but it appears the images are in an already published edition!!!!

What are my rights?

Any advice would be welcome!

RCS

Message edited by author 2010-10-02 09:51:42.
10/02/2010 10:52:30 AM · #2
I seem to recall FB own all rights to everything on it.
10/02/2010 10:55:54 AM · #3
Originally posted by raish:

I seem to recall FB own all rights to everything on it.


hmm I'm curious now.. does that mean facebook photos are free for anyone to grab?
10/02/2010 10:58:39 AM · #4
Originally posted by Rainbow-Coloured-Soul:

Hey all,
I have messaged her today asking him (the "editor" of the magazine) to take them down, but it appears the images are in an already published edition!!!!

What are my rights?

Any advice would be welcome!

RCS


Your rights are that you could sue the magazine for copyright infringement. Unless you already have a value that you've sold your work for, you won't get much. And, if you haven't registered the pictures with the copyright office, you won't get statutory damages.

Your best bet would be to send them an invoice for the use of the picture.
10/02/2010 11:00:18 AM · #5
Originally posted by Intelli:

Originally posted by raish:

I seem to recall FB own all rights to everything on it.


hmm I'm curious now.. does that mean facebook photos are free for anyone to grab?


Not at all. It means that when you post to FB, you grant them a non-exclusive license to the pictures. It doesn't mean that anyone can take them, anymore than they can from flickr or any other website (legally).
10/02/2010 12:38:06 PM · #6
Originally posted by alohadave:

Originally posted by Rainbow-Coloured-Soul:

Hey all,
I have messaged her today asking him (the "editor" of the magazine) to take them down, but it appears the images are in an already published edition!!!!

What are my rights?

Any advice would be welcome!

RCS


Your rights are that you could sue the magazine for copyright infringement. Unless you already have a value that you've sold your work for, you won't get much. And, if you haven't registered the pictures with the copyright office, you won't get statutory damages.

Your best bet would be to send them an invoice for the use of the picture.


Thank you. I haven't sold the work already, and haven't registered the pictures with the copyright office.

How much do people charge for this type of thing?

And thanks everyone else too.
10/02/2010 12:39:41 PM · #7
Originally posted by alohadave:

Originally posted by Intelli:

Originally posted by raish:

I seem to recall FB own all rights to everything on it.


hmm I'm curious now.. does that mean facebook photos are free for anyone to grab?


Not at all. It means that when you post to FB, you grant them a non-exclusive license to the pictures. It doesn't mean that anyone can take them, anymore than they can from flickr or any other website (legally).


Does this mean that legally they could use your pictures for anything they want?
10/02/2010 01:18:11 PM · #8
Originally posted by Rainbow-Coloured-Soul:

Does this mean that legally they could use your pictures for anything they want?

Any limitations (or lack therof) on use of the pictures will be spelled out in the Facebook User Agreement or whatever you acknowledge when you set up your account. Perhaps if you copy that text for us we could give a more specific answer as to what they can or can't do with the images. While you are at it, you might want to check on what rights you've granted DPC in the DPC Regisered Users Agreement -- particularly Section 6.2 -- don't want you to think we're keep anything secret.

You can (and should) register your images with the US Copyright Office yourself -- you don't need anyone to do that for you. All of the instructions and downloadable forms you need are at the above link. Also, read this thread: Registering your Copyright -- Why Should You?
10/02/2010 01:35:17 PM · #9
Here's the link to the Facebook rights and responsibilities page.


10/02/2010 02:15:21 PM · #10
Many times it's easiest to deal with them through their hosting providers.

For the Youtube video... deal with Youtube...here's there DMCA policy. //www.youtube.com/t/dmca_policy.
For the website, you'll likely want to do a WHOIS search for their web provider and send the provider a DMCA take down notice.

If the providers fail to remove the content, they forfeit legal indemnification and they know this. In a nutshell, to get action, go for the big fish hosting it, not the minnows posting it.

Message edited by author 2010-10-02 14:15:48.
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