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|| SportsShooter.com: Member Message Board
Taking photos from Facebook for publication.
Nic Coury, Photographer
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Monterey | CA | | Posted: 7:51 PM on 10.20.10 |
->> A local magazine has a Facebook page like many publications and in their last print issue they had a full page of "Our Fans on Facebook" where they had copied a handful of their fan's profile pictures without names or any information and put them in the magazine.
A part-time fashion photog who knows me and emails me on occasion is a "fan" on Facebook of the magazine and noticed that her profile picture was in the print magazine and was unhappy about it, because her profile photo was of a model she had photographed for a local boutique with a signed model release stating that any party outside of the photog, the model or the store needed permission to run the photo and all three parties were upset at the mis-usage, even if it ran small in the print copy.
Does any of the three parties have any legal rights to sue or anything on, or can a magazine take photos from Facebook without permission if the user is a fan of said magazine and use them in print?
Sorry for the long question and thanks for any insight.
~ nic |
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Yamil Sued, Photographer, Photo Editor
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Peoria | AZ | USA | Posted: 7:55 PM on 10.20.10 |
->> Personally, I don't think it's legal, but it will happen until the ASMP Lawyers hit everyone with the Wrath of God.
Y |
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Peter Huoppi, Photographer
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New London | CT | USA | Posted: 8:11 PM on 10.20.10 |
->> From http://www.facebook.com/terms.php
"You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place." |
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Butch Miller, Photographer
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Lock Haven | PA | USA | Posted: 8:22 PM on 10.20.10 |
| ->> Peter, while the "terms" you linked can give Facebook permission to associate members with "commercial, sponsored, or related content (such as a brand you like) served or enhanced by us" ... does that also cover third party use outside of the Facebook servers ... |
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Nic Coury, Photographer
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Monterey | CA | | Posted: 8:44 PM on 10.20.10 |
->> @Butch and Peter: My question exactly.
I want to know if a third party, i.e. a publication can take them without permission. |
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Louis Lopez, Photographer
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Fontana | CA | USA | Posted: 10:11 PM on 10.20.10 |
| ->> Easiest solution, don't put em on Facebook. |
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Israel Shirk, Photographer, Assistant
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Boise | ID | US | Posted: 10:16 PM on 10.20.10 |
->> Nic-
Go after them. They didn't buy rights. Facebook was granted the right to use them by their TOS, but that doesn't include other facebook users. |
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Thomas E. Witte, Photographer, Photo Editor
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Cincinnati | OH | USA | Posted: 11:19 PM on 10.20.10 |
->> I second Louis' motion.
In this instance it depends on how it was used specifically. Commercial is out:
"We do not give your content or information to advertisers without your consent."
However any other use is covered in article 2, paragraph 4:
"When you publish content or information using the "everyone" 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)."
The caveat is they specify "everyone", but do NOT specify "friends (fans)". However I'm sure they have decent attorneys who will argue that it's implied.
Back to the point of collecting restitution, since the usage is good for a probably $5, you're going to be losing money after you add up the ink to print the invoice, the sheet of paper itself, an envelope, stamp, and power to run your computer for 45 seconds. |
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Melissa Wade, Photographer
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Boston | MA | USA | Posted: 12:00 PM on 10.21.10 |
->> Your friend should check the page that she "fanned". Some pages specify that by "fanning" them, you are granting them some rights. Same goes with Twitter (see background - http://twitter.com/DaveStarmanCBSC).
If I were the model, I'd also be irritated at your friend for using my image as his/her profile picture. |
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Nic Coury, Photographer
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Monterey | CA | | Posted: 12:36 PM on 10.21.10 |
->> @Melissa,
The model was ok with her using the photo as a profile picture.
As my friend put it, she, the model and the fashion store, which the model was photo'd for, were all friends and helping each other out promoting each other's work. |
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Jack Howard, Photographer, Photo Editor
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Central Jersey | NJ | USA | Posted: 2:04 PM on 10.21.10 |
->> Sounds like a tempest in a teapot, really.
The photographer should have better understood FB's TOS regarding Profile pictures.
So let's see here:
-We've got a fashion model bent at Facebook and a magazine, a part-time fashion photographer bent at Facebook and a magazine over the photographer's misunderstanding of FB profile photo blanket policy.
-A thread on Sportsshooter about said bent-front-and-back-lens-aspiring-fashionistas posted here by a member "on behalf of someone else."
As I said: Teapot, tempest. Ho-hum. Yawn.
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(Note to all: I actually hand-typed that "on behalf" quotelet from the message board usage guidelines page–not copied/pasted, as that is against the stated rules...)
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Jack Howard is posting this on behalf of Jack Howard.
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Jack Howard knows and accepts the perils of writing about oneself on the Sportshooter message board in the herioc third person.
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Jack Howard does not wish anyone a happy anniversary. |
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