Stolen photo, taken off Facebook

[MasterAbacus]

Hi guys, anyone know of any successful claims against people who have stolen pictures off of a face book page?

My wife's had an image of our sons captured and sent around work without our knowledge. Until today!


To say I'm not happy is an understatement!


Looking forward to any help you guys can give me...


Rgds

M.A.

[beansontoast]

The photo was in the public domain the moment it was uploaded to Facebook.

[neo2810]

Do you mean your wife took a photo of your sons, put it on her facebook profile, and one of her "web" friends at work saved it and emailed around the office? If they were not using it for cash gains, I think you'll have a tough time getting any sort of outcome. You really need to use my rule. If you don't want a photo to end up freely available, don't put it on the web, period.

[MasterAbacus]

The photo was in the public domain the moment it was uploaded to Facebook.

Incorrect - public domain is for items that are free for all to view, this image was only viewable if you were a friend of hers on Facebook.

Facebook T&Cs state that the image copyright belongs to the user, and only Facebook have rights to replicate, not so called Facebook friends

[blaggard]

You don't have a hope in Hell.

[MasterAbacus]

Do you mean your wife took a photo of your sons, put it on her facebook profile, and one of her "web" friends at work saved it and emailed around the office? If they were not using it for cash gains, I think you'll have a tough time getting any sort of outcome. You really need to use my rule. If you don't want a photo to end up freely available, don't put it on the web, period.

The image was distributed as part of her Facebook page. Someone did a screen capture of her page...

[Bald Bouncer]

Incorrect - public domain is for items that are free for all to view, this image was only viewable if you were a friend of hers on Facebook.

Facebook T&Cs state that the image copyright belongs to the user, and only Facebook have rights to replicate, not so called Facebook friends

Do you mean your wife took a photo of your sons, put it on her facebook profile, and one of her "web" friends at work saved it and emailed around the office? If they were not using it for cash gains, I think you'll have a tough time getting any sort of outcome. You really need to use my rule. If you don't want a photo to end up freely available, don't put it on the web, period.

The bit you are missing as neo2810 points out is were not using it for cash gains, I presume there was some sort of malicious reason for this being passed round so I would be more inclined to look in that direction for any action or retribution you seek with a possible victimisation or bullying claim/complaint within the internal system of the company first.

[lloydi]

As Bald Bouncer said, best option would be to approach her workplace about their email policy and misuse of company email.

[pickie]

Yep having a quick read about, yes the photo is copyrighted to you, but uploading it to facebook kinda makes it public, and as mentioned unless they were using the photo for cash gain, or using it to make fun of the photo, then yes i think youl have a hard time trying to get a court make a case. if you uploaded it to facebook surely your intension was to show off the photo in the first place, i think the courts will see this as fair use of the photo,
but best thing to do is get legal advice on it and im sure they will give you the full low down on the law of it and say weather a case is possible

[blaggard]

Very little chance of success and just brings more attention to it, let it sink below everyones consciousness and learn from it. . . . . .

[neo2810]

By the way, is it this particular photo that's a problem (ie: it's a private moment type shot of your boys) or is it just that you don't want any photo's of your boys on the net?

[{{909}}]

you shouldnt lose rights to your image by uploading it to facebook, there are a lot of terms in the T&C of sites like FB, flickr and so on that people 'think' means that you are losing right of ownership but it means you are giving them the right to host and display the image for you.

Either way, it doesn't make any odds, you will have little chance of any sort of 'justice'. If it was coca cola and they used the image for huge financial gains, then you'd be quids in, but if its just someone forwarding the image for a spiteful laugh, you dont have a leg to stand on.

I have had a number of my images used in promotional material, so they have profited from my work but its not worth the hassle of chasing it up and sadly, they knew that before they stole my shit.

[MasterAbacus]

Thanks for the replys

[Little John]

Copyright is always retained by the photographer even if its uploaded to facebook. The problem is that there are lots of people who beleive an image online is free to use however they want. If the file was distrubuted then not a lot you can do really it is very difficult to do anything they could have just sent a link to the fb image. If the image was printed then you could take action issue an invoice to who ever printed the image for unauthorised use.

If the image has been used in a way to upset someone (normally the subject) then the subject could take things further if they have suffered as a result.

But most of the time it is never worth persuing private individuals.

[JonEp]

Sorry to jump on this threat with no practical advice.

But what is the score in relation to copyright if I take a picture of an image on public display with a camera.

Is that now my image to do with what I want ?

[CzarJunkie]

I was in a similar situation about 6 months ago. I posted a picture of my two lhasa apso puppies on Friends Reunited and some cunt who I went to school with photoshopped it with a giant mastiff fucking them both. To say I was upset and traumatised by the whole affair is an understatement. I had to take 3 weeks off work due to the stress. I contacted Friends Reunited and they were hopeless. I then contacted citizens advice and I kept getting cut off. I finally made peace with it and swore never to take photos of my dogs again, ever, on any medium. Boots once lost some prints of my brothers and they could easily fall into the wrong hands. My phone even has a plaster over the camera lens now.

[JonEp]

CJ

Don't worry the prints of your brother have been saved on the internet for posterity.

http://www.mananddog.co.uk/

[rIKmAN]

Agree with everything that has been said already, not much you can do really.

Just have to make sure you have better looking kids in the future!

[DJ OD]

As soon as anyone mentions Facebook, nothing will surprise me.


DJ OD

[akimba]

Facebook pics are stored on CDN's so not 100% secure anyhow guess the url get the pic ;-)
also there was the glitch about hitting the report button gave you access to the person pictures, see http://www.bbc.co.uk/news/technology-16067383

So her friends might have seen it or someone else may have accessed it, how do you know who started it anyhow?