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@jayncfc

Archant using Facebook photos for stories?

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The picture of the fan who was banned from Carrow Road was taken at my house party with my camera and posted on my facebook. Does this mean they owe me money as a royalty?

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I think (but have no comprehensive legal knowledge, in fact no knowledge at all so could be talking out of my elbow) that you need to copyright protect photos if you were to have any realistic hope of claiming royalties.

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Pretty sure that you sign over any rights to those photos the moment you put them on Facebook.

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I think you''ll find having them public on facebook removes your rights.  You could always change your privacy settings.

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They aren''t selling them, they are available for the public to see if they right privacy settings aren''t selected.  If you''ve uploaded it, then you have lost the right to protect them, unless you block access, which arguably could still be got around.Anyway, basically, if you don''t want someone seeing/using your photos, don''t put them on facebook.

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I think my status is set to private, I am not sure if his is or not. Probably where they got them from. I guess photos must be used all the time and come from somewhere, just a little annoyed that this has happened, feels a little like an invasion of privacy!

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Facebook has already asked your permission. When you signed up you would have ticked ''I agree'' to the terms and conditions.

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House parties are wonderful things, lots of people can come to them and to be honest I don''t really know him. My fiance noticed the NCFC shrine behind it which was in my old living room and told me about it. I agreed to have them on Facebook yes, but at no point did I agree to have them sold or used by the media.

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I went to his Facebook page after it was posted on here. It''ll he down to his privacy settings, because I could view large versions of the pictures.

If I log out and go to my FB page, all I can see is one photo, and my name/gender. So if he''s allowing people to view it, it''s in the public domain. It''ll be in the T&C''s

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[quote user="jayncfc"]House parties are wonderful things, lots of people can come to them and to be honest I don''t really know him. My fiance noticed the NCFC shrine behind it which was in my old living room and told me about it. I agreed to have them on Facebook yes, but at no point did I agree to have them sold or used by the media.[/quote]You did, it''s in the T&Cs when you sign up to Facebook. You know the screen which everyone just hits agree without reading what they are agreeing to.I should imagine that on anyone day pretty much every tabloid paper has at least one picture taken from Facebook, MySpace or Bebo. Often they are of people who have died in tragic circumstances and the family (in their grief) haven''t provided a nice picture for the papers - they think no worries let''s get it off Facebook.

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I''m not sure what the official law is as I''m not a law student. I am, however, a media student, and you haven''t copyrighted your pictures. Therefore, even though you have ownership (you could legally apply for any profit they''ve made) but as this is for public news, I doubt you''d be able to do this.

And I doubt you or anyone else is going to add ©Copyright watermark to all of their pictures. Still odd for them to use a facebook picture, seems a bit fickle, least not to shame and fame him when he''s already probably suffering enough.

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They haven''t paid for the images, anything put on facebook/social sites without specifically setting privacy settings are in the public domain and can be replicated, much like many people do with copying and pasting avatars etc.Anything you write on here can be used as a direct quote as well, I write on other Nodge forums and have had quotes taken and put into Pinkun stories, they didn''t ask but did ask for the full-er story when I got in touch.

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Yes I do always worry about the T+C conundrum we find ourselves in. As highlighted by the IT Crowd and South Park in general comic ways. Oh well, they have changed the picture now but still, pretty cheap!

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[quote user="AJ"]I''m not sure what the official law is as I''m not a law student. I am, however, a media student, and you haven''t copyrighted your pictures. Therefore, even though you have ownership (you could legally apply for any profit they''ve made) but as this is for public news, I doubt you''d be able to do this.

And I doubt you or anyone else is going to add ©Copyright watermark to all of their pictures. Still odd for them to use a facebook picture, seems a bit fickle, least not to shame and fame him when he''s already probably suffering enough.[/quote]You don''t need to specifically copyright photos as you automatically get copyright and intellectual property rights when you take them.

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Guest

Simple answer is if you took the photo and can prove it you own the copyright.

If used in a publication such as the EDP then you are owed around £50.

Send an invoice to this bloke david.bale2@archant.co.uk

 

Photos are copyrighted as soon as you take, you own them unless you sell the royalties to them.

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@jayncfc if it was used then invoice them, Archant get away with far too much of this stuff already. Give them 28 days to pay and then apply to the small claims court.

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I am actually going to, and it was on all of the websites so I will be asking for that x 13 then I guess? £650.00 not a bad days work.

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You seriously think you''re going to get £650 off Archant because they used a photo from an open Facebook page? Do me a favour.

Section 2.4 of the Facebook ''Statement of Rights and Responsibilities'': ''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).''

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Good point, but it isn''t open. My profile is closed so they got it some other way and it isn''t my name :)

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[quote user="jayncfc"]I am actually going to, and it was on all of the websites so I will be asking for that x 13 then I guess? £650.00 not a bad days work.[/quote]

Yeah, errr, let me know how that works out for you.

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Has it not ever occured to you why facebook is free ?

That as with nectar cards and such like it''s an easy way to build up a profile of a pontial custiomer, for than info to be sold on.

Has it not occured to you that Archant may have NOT known where to look for this chap. Certainly not in your facebook pages as there is nothing much to link you to him, but it was others who knew where a photo was, or had copied it then send it on to Archant or other media outlets.

Anything you put on Facebook is no longer private, not simply through it being available to others to see merely by dint of Facebook having legal rights over anything that is put on their site.

I''m rather reminded of the Poles who in 1939 after the German invasion of their country found or declared German connections through blood or marriage - which entitled them to certain priviliges and better rations. It also entitled them to something that wasn''t mentioned until quite a few months after .. their call up papers into the German army.

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Has it not ever occured to you why facebook is free ?

That as with nectar cards and such like it''s an easy way to build up a profile of a pontial custiomer, for than info to be sold on.

Has it not occured to you that Archant may have NOT known where to look for this chap. Certainly not in your facebook pages as there is nothing much to link you to him, but it was others who knew where a photo was, or had copied it then send it on to Archant or other media outlets.

Anything you put on Facebook is no longer private, not simply through it being available to others to see merely by dint of Facebook having legal rights over anything that is put on their site.

I''m rather reminded of the Poles who in 1939 after the German invasion of their country found or declared German connections through blood or marriage - which entitled them to certain priviliges and better rations. It also entitled them to something that wasn''t mentioned until quite a few months after .. their call up papers into the German army.

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