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Twitter/Instagram/Facebook Law







clippedgull

clippedgull

Hotdogs, extra onions
Aug 11, 2003
20,789
Near Ducks, Geese, and Seagulls
Technically its an infringement, but, unless it's a picture taken by a professional you are not likely to have your door kicked down by the police!

And, it depends if you are going to abuse/slander the person/s in the photo.
 


Acker79

Acker79

Well-known member
NSC Patron
Nov 15, 2008
31,854
Brighton
I believe one of the terms and conditions of joining the site is that you give the rights of whatever you upload to that site.

So, if you want to use a photo from Instagram, you'd need Instagram's permission. But in practice it would depend what you wanted for. If it was something small scale and not-for-profit you could probably get away with it, if you used them to make a unique series of t-shirts that made you some money and it came to the attention of instagram, you would likely find them going after you.
 


A

albionalex

Well-known member
Feb 26, 2009
4,524
Toronto
It's for a competition that I'm entering. One of the Terms and Conditions states that no materials must be used that "constitute a violation of any third party’s copyrights and/or any other intellectual property right".

So I guess it depends what the competition organisers deem a selfie to be. :lolol:

All very complicated! I shall try contacting them to find out how they see it.

Cheers anyway chaps.
 


Eeyore

Eeyore

Colonel Hee-Haw of Queen's Park
NSC Patron
Apr 5, 2014
23,530
Any photo published online has to be the publishers property, otherwise it infringes copyright. Technically, I think this even applies to sharing on facebook !

On my blog, even though it only has a little traffic, I am careful to use only my own pictures. This is because I did some research after asking similar questions as asked above.
 




H

Husty

Mooderator
Oct 18, 2008
11,991
What's it for? Facebook aren't getty, they arnt known for chasing small blogs for large amounts of money over image rights. If you got the permission of the person who took the photo I can't imagine you having any issue. Pictures from FB, Twitter e.t.c. get reposted around the internet constantly and you never hear of anyone getting chased up over it.
 


A

albionalex

Well-known member
Feb 26, 2009
4,524
Toronto
Husty said:
What's it for? Facebook aren't getty, they arnt known for chasing small blogs for large amounts of money over image rights. If you got the permission of the person who took the photo I can't imagine you having any issue. Pictures from FB, Twitter e.t.c. get reposted around the internet constantly and you never hear of anyone getting chased up over it.
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I would be using footballer's selfies, so it is unlikely i'd be able to get in contact with any and get permission. Whilst I doubt any players would give a toss, the company that is doing the competition i'm entering have stated that no materials must be used that "constitute a violation of any third party’s copyrights and/or any other intellectual property right". I would presume they'd be pretty hot on anything they consider to breach this.

Internet law is quite an intriguing area as a whole.
 


Eeyore

Eeyore

Colonel Hee-Haw of Queen's Park
NSC Patron
Apr 5, 2014
23,530
albionalex said:
I would be using footballer's selfies, so it is unlikely i'd be able to get in contact with any and get permission. Whilst I doubt any players would give a toss, the company that is doing the competition i'm entering have stated that no materials must be used that "constitute a violation of any third party’s copyrights and/or any other intellectual property right". I would presume they'd be pretty hot on anything they consider to breach this.

Internet law is quite an intriguing area as a whole.
Click to expand...

The internet publishing laws are the same as everywhere else. Think about it in terms of as if you were publishing a magazine.

Husty is right, the uploading and sharing of images that the publisher doesn't have copyright or permissions over is not something that can be properly policed. But nonetheless, if you are doing something in which questions will be asked, then it's best to have the right permissions. I would personally suggest that the images you are talking about do require authority. But then again, I'm not judging the competition.
 




Mtoto

Mtoto

Well-known member
Sep 28, 2003
1,841
Legally - which of course is not the same thing as common sense - I'm not sure the permission of the person taking it matters that much. By uploading it they have passed the rights onto the publisher of the website. It will be in the signup T&Cs.
 


Eeyore

Eeyore

Colonel Hee-Haw of Queen's Park
NSC Patron
Apr 5, 2014
23,530
Mtoto said:
Legally - which of course is not the same thing as common sense - I'm not sure the permission of the person taking it matters that much. By uploading it they have passed the rights onto the publisher of the website. It will be in the signup T&Cs.
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Permissions are generally passed on by sub-license. For example, a photo posted on facebook is still the property of the person who uploads it. It's just that facebook is granted certain permissions to use it as they see fit. If you delete your account those permissions cease.
 


Lord Bracknell

Lord Bracknell

On fire
Jul 5, 2003
39,499
104 Upper Grosvenor Street, Mayfair
Brighton Lines said:
Any photo published online has to be the publishers property, otherwise it infringes copyright. Technically, I think this even applies to sharing on facebook !
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Absolutely WRONG. The copyright in a photograph belongs to the photographer. A publisher might have a licence to use the photograph, but the terms of that licence have to be agreed between the copyright holder and the publisher and kept to. Publishers sometimes forget this and stuff gets on line that breaches the photographer's rights - in which case, the photographer has rights of redress. Lady B has had the occasional run-in with the BBC and with the Murdoch press about this [the BBC generally pay up, the Murdoch empire tries to bullshit its way out of the situation]. And there is international abuse to watch out for. My daughter once phoned from Australia ... 'Hey, Roz, is that your photo in the Sydney Morning Herald?' It was.

Facebook, Twitter, etc have their own conditions (which apply to people with accounts), but this doesn't mean that a photograph posted on Facebook has necessarily been authorised by the copyright holder or licensee. Conditions applied to Facebook account holders don't over-ride copyright. When pressed, You Tube regularly remove copyright or unlicensed material from their site.
 




Lord Bracknell

Lord Bracknell

On fire
Jul 5, 2003
39,499
104 Upper Grosvenor Street, Mayfair
albionalex said:
I would be using footballer's selfies, so it is unlikely i'd be able to get in contact with any and get permission. Whilst I doubt any players would give a toss, the company that is doing the competition i'm entering have stated that no materials must be used that "constitute a violation of any third party’s copyrights and/or any other intellectual property right".
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It would depend on the footballer. Some of them have deals worth millions to protect their image rights. And the image rights certainly don't extend to allowing anyone to use anything, for any purpose.
 


Eeyore

Eeyore

Colonel Hee-Haw of Queen's Park
NSC Patron
Apr 5, 2014
23,530
Lord Bracknell said:
Absolutely WRONG. The copyright in a photograph belongs to the photographer.
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Yes, that's what I'm saying. The picture does belong to the photographer, unless they have unequivocally given all rights concerning it to whoever they have given it to.

I'd be interested to know the answers to some questions myself though, as this is Mrs B's area.

If I take a picture with someone elses camera, who has the rights ?

If someone poses for a picture, am I right in saying they have the rights to the picture ? Yet if I take a picture of a general street scene in a public place, then the rights are mine.

It does seem to me that a high percentage of pictures online do infringe copyright.
 


Lord Bracknell

Lord Bracknell

On fire
Jul 5, 2003
39,499
104 Upper Grosvenor Street, Mayfair
Brighton Lines said:
Yes, that's what I'm saying. The picture does belong to the photographer, unless they have unequivocally given all rights concerning it to whoever they have given it to.

I'd be interested to know the answers to some questions myself though, as this is Mrs B's area.

If I take a picture with someone elses camera, who has the rights ?

If someone poses for a picture, am I right in saying they have the rights to the picture ? Yet if I take a picture of a general street scene in a public place, then the rights are mine.

It does seem to me that a high percentage of pictures online do infringe copyright.
Click to expand...
In legal terms, the use of another person's equipment will all come down to the terms of the agreement that applied to the loan. I know that it is very rare for this ever to be fully formalised, but I'm sure that the law would imagine that there was some sort of agreement or licence in place. It would be for the two parties to explain what it was, rather than for a judge to rule that a particular piece of legislation applied to this case.

If someone poses for a picture and says "I don't want this to go on Facebook", that is some sort of licence condition being imposed and accepted - difficult to enforce, without the agreement being witnessed, but nevertheless something that could potentially be the subject of a formal legal case if a dispute later broke out. In general terms, though, the subject of a photograph has very few rights and can't do much about restricting use of a picture if these rights hadn't been asserted before the photo was taken.

There's a limited right to privacy, of course, but willingly posing for a photograph will usually demonstrate that the photographer has established some sort of entitlement to use the photograph.

And the myth that "it's illegal to take pictures of children without permission" is, of course, untrue.

In a footballing context, though, it is the case that any photograph taken at a league football match is subject to the licensing conditions of the Premier League / Football League / Football Club, who have only allowed the photographer to be present at the event, subject to their conditions, and the photographer, by being there, has accepted those conditions.
 


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