Professional photographers have been urged to supply their customers with image license information, says an insurer, to prevent Facebook users from "unknowingly" breaking copyright laws when uploading images on social networking websites
Author: Olivier Laurent
Insurance company In Focus says that it is receiving, from the photographers it represents, an increasing number of advice requests "on issues surrounding their work and social networking sites."
Last week, Facebook announced that 750 million photos had been uploaded on Facebook in the space of 48 hours during the New Year's Eve weekend. But, says In Focus, with the ability to upload high-resolution images, "professional photography is creeping onto social network sites more and more with a growing number of people using professional shots as their profile picture, in shared wedding albums or even submitted as competition entries."
In a statement, Steve Hewlett of In Focus, says that professional photographers should take action to prevent their images from ending up on the site without authorisation.
"People aren't knowingly breaking the law, they just need to be made aware," says Hewlett. "Copyright belongs to the photographer. This is unless the photographer has been contracted to take the images with the client owning the copyright. According to British law, copyright is granted at the point of creation. It belongs to the photographer unless it is taken by an employee in the course of their work, here it belongs automatically to employer."
In the US, as well, cases have been brought against Facebook users after they uploaded copyrighted photographs, says Keith Arrowsmith, intellectual property and media partner at law firm Ralli. "I have been involved in cases where consumers have been faced with demands for hundreds of pounds of licence fees after unwittingly using unauthorised photos online," he says in a statement. "There is a certain amount of naivety regarding what can and can't be used without permission. The facts speak themselves, however, and people do get caught and do get in trouble for using images they have found online without seeking prior permission."
Professional photographer are entitled to ask Facebook users to remove their images, and can take legal action if they refuse, says Hewlett. "Photographers should [also] supply an 'image license' document outlining what clients can or can't do. It's good business practice to make things clear."
BJP would also advise professional photographers to include, for a fee, a license authorising their clients to upload, for non-commercial purposes, images on social networking sites such as Facebook.
The use of professional photographs on Facebook is something of a double edged sword. We actually supply some of our clients with images specifically for the to use on Facebook. We do so free of charge, on condition they leave our ©, URL and phone number visible.
We look upon this as a form of free advertising. Their friends see the photographs and want something similar for themselves!
It is not just facebook users who break copyright law, but facebook itself.
I am not certain if anyone is aware, but Facebook reserves the right to use any image, or words/story. poems etc published in facebook to use these images for whatever purpose or written creations however they wish, without having to give credit or numeration or permission.
My advice, if you do not wish you images to be stolen for Facebook to make commercial gain at will, thyen do not Publish on facebook
These thefts are done knowingly .
I closed down my Facebook ages ago because it was used to post stupid remarks by total strangers and I got fed up of it.
But did you know that if you are with Saatchi, or Saatchi online, other total strangers can download copies of your photographs without your permission, and that in fact anyone with a Facebook account can sign into Saatchi online and copy everything on the site.
They dont have your consent, you dont even know its happening, and its theft.
But they are doing it knowingly precisely because THEY KNOW that they did not create the photo.
Copyright on social networking sites
Surely it is not beyond the wit of all web sites that have the potential to carry photographs to carry a prominent warning that any unauthorised use of someone elses image, be it for a personal blog or a face book page or commercial site is illegal. And to recommend that the potential user contact the image owner for permissions or expect to be charged. This should be made mandatory.
Simples.
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