Facebook users, need your assistance Please.

[SGPhoto]

Ok this absolutely BITES and yes it deals with photography or I wouldn't have posted it here.

Anyone know how on creation a person can "LEGALLY" get away with taking photos and using them to set up a profile?

What I mean is, I was contacted by an underage model's mother last night concerned for the fact that someone has set up a facebook page using photos of her daughter including some of the ones that I took of her.

I looked all through the facebook privacy statements and I didnt see anything related to this, and the only thing I have done is submit a DMCA form, and I can't report any of the photos that are being used because the person in question that is using the photos is not one of my friends.

So anyone have any suggestions besides literally not posting images any where on the face of the internet?

I think its times like these that Photographers should take a stand against places that allow things of this nature and granted we all agree to these Terms of Service but WHY and how can we get these companies to realize what actual damage they are doing by these Terms of service.

Anyone that could possibly guide me in the right directions would be greatly appreciated.

Thanks,

Stephen Gibson

[S-Man]

A model release signed at the time of the shoot stating you can use images as you like signed by both the minor and the parent should 'legalize' any use made of the images.

[HeatherLou]

I had a clients portrait stolen by a woman in OKC who was claiming the baby in the pic was hers. Neither I or my client were friends with this woman. We did the DMCA form and they took the pic off her profile. The next day, the woman put the pic back up. We reported her again and they removed her profile.

[kimberley]

just watermark heavly and a signed contract will HELP but you cant make people not do it because they will...

[HeatherLou]

Originally Posted by kimberley

just watermark heavly and a signed contract will HELP but you cant make people not do it because they will...

The funny thing about this lady in OKC was she left my watermark on! Only way I found out about it was someone on her friends list contacted me.

[BWangPhoto]

My question is: How did the individual in question here, get the images that you took?

Right off the minor's or your facebook page I am assuming. (If they weren't lifted from there, HOW did they get them??)

The Mom in this case should expect this since none of the images on facebook are protected and you can right click and same etc. from the site.

This is exactly why we will NOT post a minor's photo of ANY KIND on any type of public website. We do not want to be held liable in any fashion for the idiots of the world.

Oh, and it is easy for the person in question to get away with it. They simply checkoff the box they have the rights to the photos (lie) and they are done. There is no way for Facebook to know if the person is lying about the ownership or not, they just CYA by having you claim the rights and agree to terms of service thereby releasing them of responsibility.

[HeatherLou]

There is a setting for the photo's that allows only friends to see them. She didn't tic that box on this gallery, so that is how it was stolen. So far as I can tell, I have not had anything stolen from my fan page or my personal page.

[kimberley]

heather thats so weird that some one would want someone elses pic for their profile.....weird!

[dmora]

Originally Posted by kimberley

just watermark heavly and a signed contract will HELP but you cant make people not do it because they will...

this.


Fences (laws) only keep law abiding people out. If someone wants to take something for what ever reason what so ever, they will do it.

[HeatherLou]

Originally Posted by kimberley

heather thats so weird that some one would want someone elses pic for their profile.....weird!

Ya, it was pretty bizarre! Seems this woman was a bit "off", claiming the pic of my clients daughter was hers. But FB was great about it!

[sldi]

Maybe sometime down the road there will be a way of using the EXIF to lock down photos to a specific person with a password, making them impossible to copy with out the password.

[Jake]

Originally Posted by BWangPhoto

.....

This is exactly why we will NOT post a minor's photo of ANY KIND on any type of public website. We do not want to be held liable in any fashion for the idiots of the world.

......

Assuming you have a release to show the photos, how exactly would you be liable for the idiots of the world?
Also, what are you afraid the idiots are doing with the photo? Claiming it's theirs? Printing it?
These are serious questions BTW.

[Dobick]

Originally Posted by SGPhoto

Ok this absolutely BITES and yes it deals with photography or I wouldn't have posted it here.

Anyone know how on creation a person can "LEGALLY" get away with taking photos and using them to set up a profile?

What I mean is, I was contacted by an underage model's mother last night concerned for the fact that someone has set up a facebook page using photos of her daughter including some of the ones that I took of her.

I looked all through the facebook privacy statements and I didnt see anything related to this, and the only thing I have done is submit a DMCA form, and I can't report any of the photos that are being used because the person in question that is using the photos is not one of my friends.

So anyone have any suggestions besides literally not posting images any where on the face of the internet?

I think its times like these that Photographers should take a stand against places that allow things of this nature and granted we all agree to these Terms of Service but WHY and how can we get these companies to realize what actual damage they are doing by these Terms of service.

Anyone that could possibly guide me in the right directions would be greatly appreciated.

Thanks,

Stephen Gibson

What exactly is it you are asking for help with from fellow facebook users?

"Legally" everytime that you post a photo on facebook you are agreeing that you are the copyright holder of the image.

As to your final question -- what actual damage is being done by these terms of service? For facebook and how it relates to photographers, I know that more photographers are benefitting from facebook than are being hurt by it, and that is specifically from the exposure that it provides (the terms of service specifically allow facebook to provide that level of exposure)

If you are so against facebook and its terms of service, what in the world were you doing posting images there to begin with?

The good of facebook is that it provides your photography business a very inexpensive way to get your name and images in front of a very targeted set of potential customers. The bad of facebook can be that very availability allows for a very limited amount of copyright abuse. I will take that trade.

[BWangPhoto]

Originally Posted by thejakestir

Assuming you have a release to show the photos, how exactly would you be liable for the idiots of the world?
Also, what are you afraid the idiots are doing with the photo? Claiming it's theirs? Printing it?
These are serious questions BTW.

IF we post a photo of a client on Facebook, Myspace etc. we have no concern about it being printed, or them trying to claim it is theirs...they are watermarked in a way that it is impossible or obvious to remove. Further, we never post them until the client has purchased from the studio, so it makes no difference at that point if they try to print them.

Our issue is the concern over liability. A friend posted a photo of a client on his website, with written consent and was still sued, successfully I might add, for the use of that photo. Even with the written consent, they cost the photographer much pain and trouble and the image was removed and it damaged the reputation of the studio. Minors are a touchy subject when posting images to the web. We choose to NOT risk that liability, only images we place up of minor children are on the main website and those you have to willfully steal (flash based) to use in any form.

Remember, any idiot can sue for any reason. Sure, they may not "win" outright, but they can and will make your life miserable and cost you dearly in the end. You may or may not agree with this, but we are in business (and have been for many years) and the limited if any value-added by posting an image to Facebook or Myspace isn't worth the trouble it can cause.

What we will do is supply the parent of the minor child the images THEY can post to Facebook, Myspace etc. and that releases the studio completely. Win - Win for both concerned.

[tukaniray]

Boy ... all of these reasons why I don't want to post any of my client's photos on FaceBook / Myspace.

-Ray-