Intellectual Property issue on facebook last night

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SMOGZINN

Lifer
Jun 17, 2005
14,218
4,446
136
Not sure about your edit. I think Facebook is the one that is displaying the IP. You are not personally posting/uploading the IP.

That is where things get weird. How do we differentiate from Facebook showing it, and me showing it thought Facebook? I am not sure the courts have really tackled this issue. I think right now the courts go with it is all Facebook, but I admit I'm not sure about it (and I don't think the courts are either.)

I think to hate IP laws as much as I do, you have to have worked with them. They make no sense. They are arbitrary to the point that in many, if not most, cases it takes a judge to determine who is in the right, and then a different judge might make a different call on the exact same case. It is very nearly a toss of a coin. We have volumes of case law, and still we have to take it on a case by case basis.
 

WelshBloke

Lifer
Jan 12, 2005
30,990
8,702
136
Ok. On second glance that is probably right. Simple solution, change from Public (if that was even the case at first) and go after them through https://www.facebook.com/legal/copyright.php?howto_report

...

I thnk that link only applies to people uploading stuff they dont own to facebook.


So if I went and uploaded some photos that I downloaded from a different website that would apply, as I didnt own the copyright in the first place and cant give permission to facebook to share them.
If they are my photos in the first place I can upload them and give facebook permission to share them.
 

olds

Elite Member
Mar 3, 2000
50,061
720
126
My step daughter gives birth to a baby girl last week.
Last weekend bunch of people come over to my house to take pics.
Some of the pics are posted on facebook.
This friend of a friend, 15 year old girl nobody in the family knows copies, edits and repost the images on facebook.
The person that took the pics and my wife make a big deal out of it.
Bunch of people blow up into a facebook drama fueled rage session last night.

What I do not understand, from the time I started school I was taught you can not copy other peoples work. Copyright protection should be basic grammar school stuff. But yet, people take images and use them with no regard given to the owner of the material.

Whatever happened to asking permission before you take someones property?
Oh shit, I didn't ask the OP for permission to use his text.
 

GoSharks

Diamond Member
Nov 29, 1999
3,057
0
76
I thnk that link only applies to people uploading stuff they dont own to facebook.


So if I went and uploaded some photos that I downloaded from a different website that would apply, as I didnt own the copyright in the first place and cant give permission to facebook to share them.
If they are my photos in the first place I can upload them and give facebook permission to share them.

Which is exactly the case in the OP...
 

zinfamous

No Lifer
Jul 12, 2006
110,821
29,578
146
Are you a eunuch? How are you not interested in sex?

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brianmanahan

Lifer
Sep 2, 2006
24,303
5,732
136
I guess you are one of those people who have never got affected inrl because someone reposted my unnoteworthy pic.

fixed

my advice, of course, is to sue the 15 year old girl. most obv she was trying to bring upon you great psychological distress and financial and emotional damages. most obv.
 

Capt Caveman

Lifer
Jan 30, 2005
34,547
651
126
I guess you are one of those people who have never created anything.

I'm not ignorant or stupid enough to believe that posting something on someone else's website after agreeing to their ToS stating:

Sharing Your Content and Information

You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:

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.
 

Lifted

Diamond Member
Nov 30, 2004
5,752
2
0
lol texas


http://www.facebook.com/legal/terms

You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings.
...
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).


http://en.wikipedia.org/wiki/Fair_use

http://www.urbandictionary.com/define.php?term=waaaambulance

http://www.bettercallsaul.com/



http://www.1800lawyers.com/
 
Last edited:

KaOTiK

Lifer
Feb 5, 2001
10,877
8
81
I think everyone is losing site of the real issue here.

Pics of the 15 year old girl?
 

brianmanahan

Lifer
Sep 2, 2006
24,303
5,732
136
why dont you just change your shared pics to friends, instead of friends of friends?

problem solved, rage abated.
 

Dessert Tears

Golden Member
Feb 27, 2005
1,100
0
76
At least it's not an ad for bulk personal lubricant.

Some of the pics are posted on facebook.
This friend of a friend, 15 year old girl nobody in the family knows copies, edits and repost the images on facebook.
The person that took the pics and my wife make a big deal out of it.
Bunch of people blow up into a facebook drama fueled rage session last night.
How can you communicate with the reposter? Will a polite request to her or her parents work at this point?

Ok. On second glance that is probably right. Simple solution, change from Public (if that was even the case at first) and go after them through https://www.facebook.com/legal/copyright.php?howto_report
It might not be possible to revoke the license, even with deletion:
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.
I think this sentence is meant to protect Facebook if a (re)shared post sticks on someone's Feed due to a programming error, but it seems to apply to the reposted images here too, since they were also uploaded to Facebook.

It is in the public domain.
[thread=2118030]"the web is considered 'public domain'"[/thread]? Even with Facebook's license and assuming Facebook transfers it to the entire world, they're not the same thing.
 
Last edited:

GoSharks

Diamond Member
Nov 29, 1999
3,057
0
76
I think he gave that right up when posted. its in the TOS....:hmm:
Assuming it was posted as "Public," to which we have no confirmation for or against.

No.

The original owner of the photos uploaded them to facebook, giving facebook permission to share them.

Facebook can share them, but the third party cannot once rights have been revoked.

It might not be possible to revoke the license, even with deletion:

I think this sentence is meant to protect Facebook if a (re)shared post sticks on someone's Feed due to a programming error, but it seems to apply to the reposted images here too, since they were also uploaded to Facebook.

The content isn't shared in the Facebook sense (through appearing on wall posts or whatever) though... It has been re-uploaded and is basically new media.

Anyways, none of this matters if it wasn't posted as "public."
 
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