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TV show used picture from facebook page.

  • 08-05-2013 1:25pm
    #1
    [Deleted User]
    Posts: 0 ✭


    Myself and my girlfriend were sitting down watching a TV show. Not going to name any names. But it was a US TV show. Suddenly my girlfriend started screaming " thats my picture " It was a picture she had taken in Ireland.

    The picture itself that was used was not the original. She slightly edited it and then posted the edited version on her facebook page. This is the exact picture used in the TV show.

    right now she is a little pissed off about it. I was just looking at the legal issues.


Comments

  • #2
    tricky D
    Closed Accounts Posts: 9,700 ✭✭✭tricky D


    Take a look at the Photography forum for lots of similar examples. You could well be sending them an invoice very soon.


  • #3
    28064212
    Registered Users, Registered Users 2 Posts: 10,910 ✭✭✭✭28064212


    T&Cs: https://www.facebook.com/legal/terms

    Relevant:
    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)
    So Facebook could have granted a licence to the TV Show to use the image.

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  • #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    28064212 wrote: »
    T&Cs: https://www.facebook.com/legal/terms

    Relevant:

    So Facebook could have granted a licence to the TV Show to use the image.


    I actually dont thing Facebook did. Without giving too much info away at this time i will try to explain it a little better.

    We visited a place and took some photos there. That place then had a documentary style tv show on it. The photo was then used.


  • #5
    28064212
    Registered Users, Registered Users 2 Posts: 10,910 ✭✭✭✭28064212


    Deleted User wrote: »
    I actually dont thing Facebook did. Without giving too much info away at this time i will try to explain it a little better.

    We visited a place and took some photos there. That place then had a documentary style tv show on it. The photo was then used.
    That doesn't really suggest Facebook didn't licence the image. It's quite possible the show producers went looking for a suitable image, found one on Facebook, contacted Facebook to licence it, and the licence was granted. The next step is to contact the show and find out whether they had permission to use it. If they received it from Facebook, there's no legal issue

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  • #6
    tricky D
    Closed Accounts Posts: 9,700 ✭✭✭tricky D


    The likelihood that FB granted a licence is almost zero. Can't say I've ever heard of it or seen it in any photography forum. By far the most likely scenario is that the company just grabbed from your FB acc. Besides the FB terms specify non-exclusivity.


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  • #7
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Thanks for the advice guys.


  • #8
    Aced_Up
    Registered Users, Registered Users 2 Posts: 92 ✭✭Aced_Up


    28064212 wrote: »
    That doesn't really suggest Facebook didn't licence the image. It's quite possible the show producers went looking for a suitable image, found one on Facebook, contacted Facebook to licence it, and the licence was granted. The next step is to contact the show and find out whether they had permission to use it. If they received it from Facebook, there's no legal issue

    It's true, you can sometimes find images on Facebook via google images


  • #9
    Beano
    Closed Accounts Posts: 3,357 ✭✭✭Beano


    28064212 wrote: »
    T&Cs: https://www.facebook.com/legal/terms

    Relevant:

    So Facebook could have granted a licence to the TV Show to use the image.

    not to hijack the thread but doesn't this assume that the person who uploads the image actually owns the copyright? what would be the situation if a person uploaded somebody elses image? surely FB couldnt assume a licence in this case?


  • #10
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Copyright attaches to the means of expression rather than the subject matter. So the person who takes the photo will usually own the copyright in the photo, not the person appearing in it.

    There is separate law dealing with your right to exploit your personal image.


  • #11
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    234 wrote: »
    There is separate law dealing with your right to exploit your personal image.
    Out of curiosity, what law is that?


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  • #12
    Aced_Up
    Registered Users, Registered Users 2 Posts: 92 ✭✭Aced_Up


    Beano wrote: »
    not to hijack the thread but doesn't this assume that the person who uploads the image actually owns the copyright? what would be the situation if a person uploaded somebody elses image? surely FB couldnt assume a licence in this case?

    As an example... Wikipedia...

    "I, the copyright holder of this work, release this work into the public domain. This applies worldwide.
    In some countries this may not be legally possible; if so:
    I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law."

    If wiki can, why can't FB?


  • #13
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    hullaballoo wrote: »
    Out of curiosity, what law is that?

    It's a blend of trade mark and passing off. Mostly developed in the US by celebrities concerned about the economic value in their image (right of publicity).

    Not very well versed in this area so here's the wiki entry.


  • #14
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    234 wrote: »
    It's a blend of trade mark and passing off. Mostly developed in the US by celebrities concerned about the economic value in their image (right of publicity).

    Not very well versed in this area so here's the wiki entry.
    Do you know if it having been applied in Ireland ever? Again, I'm just curious.


  • #15
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    hullaballoo wrote: »
    Do you know if it having been applied in Ireland ever? Again, I'm just curious.

    Not to my knowledge. In early cases in England like Tolley v Frye and Kaye v Roberts it was shoehorned into libel and malicious falsehood even though it was clear that they were trying to protect commercial interests in their reputation. I think it's still underdeveloped in England and I don't know if its come up here yet.


  • #16
    Beano
    Closed Accounts Posts: 3,357 ✭✭✭Beano


    Aced_Up wrote: »
    As an example... Wikipedia...

    "I, the copyright holder of this work, release this work into the public domain. This applies worldwide.
    In some countries this may not be legally possible; if so:
    I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law."

    If wiki can, why can't FB?


    How does this relate to the question i asked?


  • #17
    Aced_Up
    Registered Users, Registered Users 2 Posts: 92 ✭✭Aced_Up


    Beano wrote: »
    How does this relate to the question i asked?


    If wiki allow ANYONE to use, distribute, manipulate image you upload... why cant FB? All they do is put them in the T&Cs which most people dont read anyway.


  • #18
    hfallada
    Closed Accounts Posts: 4,180 ✭✭✭hfallada


    Copyright law in the US is very complex. Say even if the you make a video mocking a brand and have the brand clearly showing. Blurring say a letter in the brand protects you from get sued.


  • #19
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Wasnt some other company sued because the model they used in their advert looked like Kim Kardashian ??


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