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Old     (steezyshots)      Join Date: Feb 2008       08-26-2010, 1:55 PM Reply   
Educate me!


Is it ok for a company to use your photos on facebook? I don't think it is, but this company seems to think it is ok and they're attorney told them to not worry about social media.

I know when you post a photo to facebook you basically lose all your rights but if a company is using photos you have emailed them in low res format do you as the photog have rights?
Old     (steezyshots)      Join Date: Feb 2008       08-26-2010, 1:56 PM Reply   
I have been searching for links to prove this, if anyone has some off hand that I could forward to their attorney that would be great!
Old     (hunterw)      Join Date: Mar 2008       08-26-2010, 2:32 PM Reply   
Try this. Hope it helps! http://www.copyright.gov/help/faq/faq-fairuse.html
Old     (scott_a)      Join Date: Dec 2002       08-26-2010, 3:14 PM Reply   
Quote:
Is it ok for a company to use your photos on facebook?
Absolutely not. It's still theft if they're using your product without pre-arranged compensation.

Quote:
I know when you post a photo to Facebook you basically lose all your rights but if a company is using photos you have emailed them in low res format do you as the photog have rights?
Facebook grants themselves an unlimited LICENSE to use your photos for whatever they want, but this license ends once you delete the photos from their site. BUT...you still maintain the copyright to the photos you've posted on Facebook, so other companies are NOT allowed to visit your page and steal your photos and use post them on their site.

Here is the exact wording from Facebook's Terms of Service page-
Quote:
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 and application 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 unless your content has been shared with others, and they have not deleted it.
http://www.facebook.com/terms.php

Quote:
if a company is using photos you have emailed them in low res format do you as the photog have rights?
If you sent preview/low-rez photos to a company for them to preview before they pay you for the larger versions, then that's all bad. And since you probably hadn't ever reached any agreement for them to be using your stuff then it's no different than theft in my book.

This site should be helpful: http://www.photoattorney.com/
Here's another site that mentions copyright/ownership stuff from time to time: www.aphotoeditor.com
Old     (dcervenka)      Join Date: Sep 2002       08-27-2010, 3:06 AM Reply   
Ok, ok.. I took the pics down.. jeeezzzz!

Scott nailed it! You always maintain copyright even if you sell the "licensing" for a photo. And while FB has the right to stick it to you and use your photos as they wish.. the said company does NOT even if you posted it on FB!

Email sent with some tasty goods. enjoy!

Last edited by dcervenka; 08-27-2010 at 3:07 AM. Reason: .
Old     (steezyshots)      Join Date: Feb 2008       08-27-2010, 8:13 AM Reply   
Thanks Guys! Great email David!

I knew I was right, I think they're attorney is confused with me giving my rights away to facebook when I upload a photo versus them using low res photos I emailed them and me not wanting those photos on their fan page.

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