Author Topic: Facebook sharing and copyright violations (Read 4028 times)

KB · « **on:** July 11, 2014, 09:48 »

Ok, I'll admit it. I'm an oldster (even if I don't feel one) who really isn't into all of this social media stuff. I have Facebook and Twitter accounts, but honestly never use them. So I don't understand them well, nor do I have a feel for what is acceptable use and what is not.

A somewhat well-known magazine purchased one of my Alamy images to use as a "cover" of a web article. The web article has share buttons, one of which is for facebook. When you share the article, it posts something in your facebook timeline: a link to the original article, whatever text you want to add, and the cover photo (mine) that accompanied the article.

According to the counter on the original website, the article (and my photo) have now been shared 100s of times. But GIS (Google Image Search) found only a couple of them, both belonging to another fairly well-known company. Not only does my photo appear in their timeline posts, it also appears in their "Photos" section. (Apparently there is a way to make Facebook automatically add a photo in a timeline post into a "Timeline Photos" album.) From there, anyone clicking on the (my) photo is shown a largish (approximately 1200x800) copy, and is encouraged (with buttons) to share or even download a copy of it.

How do other people deal with this? Just ignore it and let it be, because ... it's the internet? I don't really have a problem with sharing of the original article, but I don't like my photo being included in their photo album (as if it were their photo), which makes it so easy (and seemingly ok) for others to copy. So I'm thinking of asking them to remove my photo from their album. What would you do?

Thanks!

Ed · « **Reply #1 on:** July 11, 2014, 10:04 »

If it's for personal use, then it isn't really a copyright violation. It's no different than someone tearing a photo out of a magazine and posting it with a magnet on their refrigerator at home or sharing it with a friend. Years ago there were Reader's Digest recipes exchanged all over the country and it was all personal use.

If the image is being used commercially, then it is a copyright violation and you can contact Facebook to have it removed.

The danger you fall into is when a third party takes that image from Facebook and uses it in another magazine or publication.

As an example, I took an image last January of one of the first retail marijuana purchasers in Colorado. That image was used widely throughout the world. The person in the image took that image and made it his Facebook profile picture. That's fine, it's personal use.

https://www.facebook.com/#!/photo.php?fbid=10152103135656558&set=pb.562021557.-2207520000.1405090650.&type=3&theater

Another news outlet took my image from that person's Facebook page, published it on their website, and since the image was watermarked "(c) Ed Endicott/Demotix" they credited the image "Courtesty Facebook (c) Ed Endicott/Demotix". That is a copyright violation. It isn't for personal use anymore.

http://www.mstarz.com/articles/24216/20140102/1st-legal-denver-weed-buyer-revealed.htm

I have addressed this issue through my agent and I am waiting for any developments on a resolution

KB · « **Reply #2 on:** July 11, 2014, 10:24 »

Quote from: Ed on July 11, 2014, 10:04

If it's for personal use, then it isn't really a copyright violation.

If the image is being used commercially, then it is a copyright violation and you can contact Facebook to have it removed.

Good luck with your case; I hope it is resolved successfully in your favor. It sure shows how these things can escalate quickly out of control.

In this case, it is on a commercial facebook page, but the use really is editorial. It's simply posting a link to the original article, and asking people what they think. I don't see anything wrong with that. But as I said in the OP, I'm not as ok with it being included in their photo album.