Facebook and photo rights

[Foofighter]

Hi all,

Firstly I'd like to say I'm flattered that someone thinks my photos are good enough to be used on their website, but all I've ever asked when someone uses them is that they credit me, not a huge ask. As for such I don't watermark (yes I know, my bad). All I've ever asked is that my work gets credited.

Now I hosted an album on Facebook for a band, recently checking their site I found a bunch of my photos had been used without any credit or acknowledgement. I've asked for them to be removed, to which I was sent this...

[quote]I don't need to take them down. As they were copied off of Facebook. As soon as any Facebook video or picture is posted up it becomes the property of Facebook. This can be read in facebooks terms and conditions. Furthermore these pictures are of the band and were taken without consent or any payment being given to yourself to take photos.

Regards and a pleasant evening
[/quote]

Do I have any come back or should I give up all hope and just accept it?

Completely puts me off ever just going to a gig that even if I do take a decent photo I won't get any credit for it.

Cheers for any advices, expecting the replies to be I'm knackered, but if anyone knows anything I can get them with then it'd be appreciated.

Andy

[gary71]

This is one of the many reasons I accepted my age and abandoned Facebook last week!

As to the band...

Crediting you for you work even with your name in tiny writing in the corner wouldn't hurt would it?


Edit: However having deleted my account the first hit for my name is now for someone that lists 'shower curtains' and 'sharp knives' in his pages...

Edited by gary71 on Friday 28th October 07:12

[Stu R]

Have you read the T&Cs?

The user still owns the photo, not facebook. While FB can pretty much do what they want with it, but it doesn't make it free to anyone who wants to use it. AIUI anyway.

[Foofighter]

Stu R said:

Have you read the T&Cs?

The user still owns the photo, not facebook. While FB can pretty much do what they want with it, but it doesn't make it free to anyone who wants to use it. AIUI anyway.

I've just re-read them and they haven't changed since the last time I read them, stating that and IP License is granted to FB to use them as long as they are posted on there. I Have since removed the album and made it personal so it can't be viewed by anyone.

[Foofighter]

gary71 said:

Crediting you for you work even with your name in tiny writing in the corner wouldn't hurt would it?

The band asked me to photograph them, I informed them verbally all I ever ask is for an email saying where they are being used and a credit, be it just a name or a link to my page. I received neither and only found these when looking at a link to one of their gigs.

I'm thinking I'll just give up as I'm dealing with a complete 'tard! Just wanted to know what the proper legal situation.

[ian in lancs]

Everything I post on FB or the web I assume I'm giving it away! Anything I do for commission is via contracts. Works for me.

[Mr E]

Copyright is still yours as far as I understand. Depends if you want to take it any further.

[crmcatee]

I'd make a stand. They're your photos, not Facebooks and certainly not the bands. If you're happy for someone to walk over you then that's your choice.

[Stu R]

Foofighter said:

Stu R said:

Have you read the T&Cs?

The user still owns the photo, not facebook. While FB can pretty much do what they want with it, but it doesn't make it free to anyone who wants to use it. AIUI anyway.

I've just re-read them and they haven't changed since the last time I read them, stating that and IP License is granted to FB to use them as long as they are posted on there. I Have since removed the album and made it personal so it can't be viewed by anyone.

licence, not ownership - and it's to facebook, not any tom, dick or harry who happens to find it on Facebook - again AIUI.

The way I read it is that they remain yours, so you'd have a valid claim to the copyright if someone has ripped them off

[egomeister]

By his logic, if the photos become property of facebook then what right does that give for him to use them? Unless of course it was Mark Zuckerberg's band you were watching...

[Simpo Two]

What an arrogant and unpleasant band; I hope they fail.

If his assertion is correct, namely that Facebook 'own' the photo, then he admits he has stolen it not from you but from Facebook... perhaps he would like to deal with their legal team instead.

I'm not going to go through the T&Cs but that is where the answer lies. Get that, then reply appropriately. Expect to be ignored, but you could imply there will be some embarassing PR if they ever make it big. 'Top band stole my photos' etc.

I am quite sure they are not allowed to use your photos on their website without permission, but if they are dishonest there is little practical you can do about it other than go to each gig with a sandwich board and suitable caption...

[Nick Grant]

Just download all thier music and use it on your website, tell them you found it on the internetz so it must be free.

[Simpo Two]

[Gad-Westy]

They used the term "off of". I'd tread carefully here, it looks like you may be dealing with a legal professional!

Make a stand. I think that personally I would draft up a fairly professional sounding email, use some long words and legal jargon, quote the relevant section of the FB's images rights policy and ask that the photos are either removed or credited or you will take legal action. I would imagine they will crap their pants and do something about it, nobody wants a legal fight for the sake of a few pics.

[Stu R]

Invoice them for it?

[Mr E]

Nick Grant said:

Just download all thier music and use it on your website, tell them you found it on the internetz so it must be free.

[14-7]

Stu R said:

Have you read the T&Cs?

The user still owns the photo, not facebook. While FB can pretty much do what they want with it, but it doesn't make it free to anyone who wants to use it. AIUI anyway.

Exactly this.

Whilst facebook can use your photos for certain things no one else can. You still own the copyright for the photos.

Personally I would send them another email/message stating that they are wrong and that the photos are to be removed. Then if they aren't (which I'm sure the 'tard your dealing with won't) then something like small claims court? £50-£100 a photo seems fairly reasonable given it is for promotional work.

[BlueMR2]

You should post them back up with a bit of photoshop action.

Change each face to a piece of fruit or a potato and give each annoying nick names then make sure they are easy to find.

[markmullen]

BlueMR2 said:

You should post them back up with a bit of photoshop action.

Goatse.

[crmcatee]

and tag them all in the pictures so it links to their facebook page and others see them