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facebook: it owns copyright on your images

updated sun 21 feb 10

 

John Rodgers on tue 16 feb 10


Dear Clayfolk:

Warning: Facebook claims copyright on every image you put on the site.
This is crooked as hell but it may be legal in some countries eg USA.
With the big bucks behind this organization, you would have a difficult
time pressing the issue otherwise.

This is why you should ALWAYS us Flickr, or Picasso,etc, for pictures about=
which you care.

Yes, I use Facebook, but I'm about to pull the plug!!


--
John Rodgers
Clayartist and Moldmaker
88'GL VW Bus Driver
Chelsea, AL
Http://www.moldhaus.com

steve graber on wed 17 feb 10


=3D0A=3D0Atheir copywrite claim may be in line with the same as magazines.=
=3DA0 =3D
=3D0A=3D0Aget your pictures or articles published in a magazine and as i un=
ders=3D
tand it, they own the copywrite of your work or images.=3DA0 =3D0A=3D0A=3DA=
0Steve G=3D
raber, Graber's Pottery, Inc=3D0AClaremont, California USA=3D0AThe Steve To=
ol -=3D
for awesome texture on pots! =3D0Awww.graberspottery.com steve@graberspott=
er=3D
y.com =3D0A=3D0A=3D0AOn Laguna Clay's website=3D0Ahttp://www.lagunaclay.com=
/blogs/ =3D
=3D0A=3D0A=3D0A=3D0A----- Original Message ----=3D0A> From: John Rodgers nua@CHARTE=3D
R.NET>=3D0A> To: Clayart@LSV.CERAMICS.ORG=3D0A> Sent: Tue, February 16, 201=
0 5:=3D
26:12 PM=3D0A> Subject: Facebook: it OWNS copyright on YOUR images=3D0A> =
=3D0A> D=3D
ear Clayfolk:=3D0A=3D0AWarning: Facebook claims copyright on every image yo=
u pu=3D
t =3D0A> on the site.=3D0AThis is crooked as hell but it may be legal in so=
me c=3D
ountries eg =3D0A> USA.=3D0AWith the big bucks behind this organization, yo=
u wo=3D
uld have a =3D0A> difficult=3D0Atime pressing the issue otherwise.=3D0A=3D0=
AThis is=3D
why you should =3D0A> ALWAYS us Flickr, or Picasso,etc, for pictures about=
w=3D
hich you care.=3D0A=3D0AYes, =3D0A> I use Facebook, but I'm about to pull t=
he plu=3D
g!!=3D0A=3D0A=3D0A--=3D0AJohn =3D0A> Rodgers=3D0AClayartist and Moldmaker=
=3D0A88'GL VW Bu=3D
s Driver=3D0AChelsea, AL=3D0A> href=3D3D"Http://www.moldhaus.com" target=3D=
3D_blank=3D
>Http://www.moldhaus.com=3D0A=3D0A=3D0A

C Sullivan on wed 17 feb 10


John
I thought this too and indeed replied to someone's fb post that this was
so. One of the (moderators ???) replied that they had nixed this policy an=
d
it no longer applied. Am still not sure whether this is the case or not,
but developed a policy of posting any and all photos on my blog first, so
there would be a definate and prove-able timeline of "ownership".
Approx. 1-2 weeks ago, when facebook was messing around and changing their
site (application format), my computor went down and this scared me. So
haven't been back to the site since, hoping that, by the time i do, the
application conflict will have corrected itself.
I find facebook a great networking tool for potters and a good source of
information on how others are handling situations (marketing) that we all,
as a group, try to get a handle on. Altho, i found myself wasting much too
much time on the site !!!
Chae



On Tue, Feb 16, 2010 at 6:26 PM, John Rodgers wrote:

> Dear Clayfolk:
>
> Warning: Facebook claims copyright on every image you put on the site.
> This is crooked as hell but it may be legal in some countries eg USA.
> With the big bucks behind this organization, you would have a difficult
> time pressing the issue otherwise.
>
> This is why you should ALWAYS us Flickr, or Picasso,etc, for pictures abo=
ut
> which you care.
>
> Yes, I use Facebook, but I'm about to pull the plug!!
>
>
> --
> John Rodgers
> Clayartist and Moldmaker
> 88'GL VW Bus Driver
> Chelsea, AL
> Http://www.moldhaus.com
>

Maurice Weitman on wed 17 feb 10


At 19:26 -0600 on 2/16/10, John Rodgers wrote:
>Dear Clayfolk:
>
>Warning: Facebook claims copyright on every image you put on the site.
>This is crooked as hell but it may be legal in some countries eg USA.
>With the big bucks behind this organization, you would have a difficult
>time pressing the issue otherwise.

Bulldoody.

From Facebook's help pages:

Do I retain the copyright and other legal rights to material I upload
to Facebook?
Yes, you retain the copyright to your content. When you upload your
content, you grant us a license to use and display that content. For
more information please visit our Terms of Use, which contain
information about intellectual property, as well as your privileges
and responsibilities as a Facebook user.
http://www.facebook.com/help/?faq=3D12008

>This is why you should ALWAYS us Flickr, or Picasso,etc, for
>pictures about which you care.

No.

This is why posting things to a mailing list should ALWAYS be done
responsibly, after double-checking the facts in the content,
ESPECIALLY if it's an off-topic item, therefore doubly wasting the
time of thousands of people.

This is why you should ALWAYS do your own research before reacting to
anyone's assertions, recommendations, and/or warnings.

There are enough fear mongers around without polluting clayart with
this doodoo.

>Yes, I use Facebook, but I'm about to pull the plug!!

Bummer.

Yes, I use Facebook, but I'm not a fanatic about it. I find it to be
a BENIGN time sink and occasional source of entertainment and contact
with (real) friends. I actually can't understand how some people
have (or make) so much time to spend on Facebook. Or clayart, for
that matter.

Regards,
Maurice, who made this post entirely by hand, and on my lunch hour so
that I can retain my professional potter status. Phew!

C Sullivan on wed 17 feb 10


Exactly, Steve.
I thought so too.
So following that line of thinking through, wouldn't it be true that if the
photos, etc. were first posted on one's website or blog -- that the site in
question would only have access to "reprint" rights ??? Which would
effectively bypass the copyright issue ???
At least, i'm hoping that this is the case . . . .
Chae

On Wed, Feb 17, 2010 at 9:27 AM, steve graber wrote:

>
>
> their copywrite claim may be in line with the same as magazines.
>
> get your pictures or articles published in a magazine and as i understand
> it, they own the copywrite of your work or images.
>
> Steve Graber, Graber's Pottery, Inc
> Claremont, California USA
> The Steve Tool - for awesome texture on pots!
> www.graberspottery.com steve@graberspottery.com
>
>
> On Laguna Clay's website
> http://www.lagunaclay.com/blogs/
>
>
>
> ----- Original Message ----
> > From: John Rodgers
> > To: Clayart@LSV.CERAMICS.ORG
> > Sent: Tue, February 16, 2010 5:26:12 PM
> > Subject: Facebook: it OWNS copyright on YOUR images
> >
> > Dear Clayfolk:
>
> Warning: Facebook claims copyright on every image you put
> > on the site.
> This is crooked as hell but it may be legal in some countries eg
> > USA.
> With the big bucks behind this organization, you would have a
> > difficult
> time pressing the issue otherwise.
>
> This is why you should
> > ALWAYS us Flickr, or Picasso,etc, for pictures about which you care.
>
> Yes,
> > I use Facebook, but I'm about to pull the plug!!
>
>
> --
> John
> > Rodgers
> Clayartist and Moldmaker
> 88'GL VW Bus Driver
> Chelsea, AL
> > href=3D"Http://www.moldhaus.com " target=3D_b=
lank
> >Http://www.moldhaus.com
>
>
>
>

John Hesselberth on wed 17 feb 10


On Feb 17, 2010, at 11:27 AM, steve graber wrote:

> their copywrite claim may be in line with the same as magazines. =3D20
>=3D20
> get your pictures or articles published in a magazine and as i =3D
understand it, they own the copywrite of your work or images. =3D20

Hi Steve and others interested in copyright law:

Now I'm not a lawyer and don't play one on TV, but parts of the =3D
copyright code seem pretty straight forward to me. For example:

> (c) Contributions to Collective Works.=3D97Copyright in each separate =3D
contribution to a collective work is distinct from copyright in the =3D
collective work as a whole, and vests initially in the author of the =3D
contribution. In the absence of an express transfer of the copyright or =3D
of any rights under it, the owner of copyright in the collective work is =
=3D
presumed to have acquired only the privilege of reproducing and =3D
distributing the contribution as part of that particular collective =3D
work, any revision of that collective work, and any later collective =3D
work in the same series.

I would think a magazine is a collective work. So are things like =3D
Facebook. So unless you have signed over (an express transfer) =3D
copyright ownership, what you have given them is one-time publication =3D
rights. Now magazines try to claim more by saying on their web site or =3D
wherever that they own your article outright, if not your body and soul. =
=3D
And of course they are the big gun and fighting them can be very =3D
expensive. Also, some magazines have you sign a statement transferring =3D
copyright to them. But without a written agreement to transfer, it is my =
=3D
understanding they have only one-time publication rights even if they =3D
pay you. If they commission or hire you to write an article, as opposed =3D
to accepting one you submit, then you probably come under "Works Made =3D
for Hire" -- see below.

If you are interested in exploring copyright law more you can find what =3D
I have just quoted at:

http://www.copyright.gov/title17/ Click on "Copyright Ownership and =3D
Transfer"

And if there is an attorney on the list who has a different view, I =3D
would like to hear it.

That same part of the code also makes clear that "works for hire" =3D
belong to the employer unless otherwise agreed. This was the subject of =3D
a thread about a month ago.

> (b) Works Made for Hire.=3D97In the case of a work made for hire, the =3D
em- ployer or other person for whom the work was prepared is considered =3D
the author for purposes of this title, and, unless the parties have =3D
expressly agreed otherwise in a written instrument signed by them, owns =3D
all of the rights comprised in the copyright.

Regards,

John

Lee Love on wed 17 feb 10


On Wed, Feb 17, 2010 at 1:32 PM, Maurice Weitman wrote:

>
> Yes, I use Facebook, but I'm not a fanatic about it. =3DA0I find it to be
> a BENIGN time sink and occasional source of entertainment and contact
> with (real) friends.

I use it to save time. It is a consolidator for my other web
presences and makes it easy to mark interesting web information.
--
Lee, a Mashiko potter in Minneapolis
http://mashikopots.blogspot.com/

=3D93Observe the wonders as they occur around you. Don't claim them. Feel
the artistry moving through and be silent.=3D94 --Rumi

nori on fri 19 feb 10


i'm always amazed by the law around intellectual property rights.

i was in a meeting with the directory of a respected museum - not sure
why i was there, but.

she was talking about budget issues with shows, especially items to be
sold in gift shop.... post cards, etc.

she has to pay the artist for the right to use the image of the original
work of art, even if her museum owns the original. and the artist's
ownership of images persists for quite a while after death.

some artists are very nice about it & will let the museum use the image.
others... not.
and dead artists - dealing with executors, foundations, etc, can be very
interesting.

for more info, google VARA - visual artists rights act.

--


Clifton, Norwich & Sabra



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