Quick advice/opinions needed [Facebook pic sharing takedown request]

[Brett Peters]

Just got an un official takedown request from a nightclub which I will respectfully leave unnamed regarding a picture or two I have publicly shared on Facebook, forum and probably a few other places.

From my understanding and reading Facebook's terms and services I have done nothing wrong but then again I might be incorrect which would leave me, Well wrong.

Here are Facebook's terms regarding the uploading of images

Sharing Your Content and Information

You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:

1. 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 privacyand 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). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, read our Privacy Policy andPlatform Page.)
4. 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).
5. We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

And here is a copy of the unofficial takedown email I received​

Hi there,​

A friendly notice at first regarding your facebook page, which has uploaded several of our pictures into your galleries. These are all our copyright and naturally I’d hate to have to take things further when I’m sure this is some kind of mistake made. Would you care to remove them from your galleries? Thankyou much.​

I’ll hold off any further action for a little while to give you chance to comply with the request.​

Regards​

***** ********​

Head of promotions and Policy, ***** ******/***** *****​

Thoughts/Advice/Opinions all welcome​

 

[jmurrayhead]

Did you take the pictures yourself?

 

[Dean]

I've no idea what is or is not allowed, or even what the legal issues are.

But if I borrowed content (picture) from somewhere on the internet, and I was asked not to use it, I would respect the request. If the content (picture) was important enough I would somehow find a way to re-create (referring to technical things such as how to tune up a bicycle).

 

[Brett Peters]

Did you take the pictures yourself?

No, I was of the opinion from reading the Facebook terms that the uploader granted transferable IP and we would be able to share such content, Hence the publicly available download and associated FB terms.

 

[Floris]

If the club allows cameras inside and you weren't ask to stop taking pictures, or leave .. Then if you took the pictures then what's the problem? They can't ask you to take down your work.

If the pics are theirs - and you downloaded or otherwise obtained them and uploaded them to facebook - then they can kindly request you to do so. Since it's their copyright.

Taking a picture in the street of a building is completely within the rights of a photographer. Being on their private property it might be a different story.

We don't know the pictures, what's on them, what the situation was, etc.

 

[Brett Peters]

I've no idea what is or is not allowed, or even what the legal issues are.

But if I borrowed content (picture) from somewhere on the internet, and I was asked not to use it, I would respect the request. If the content (picture) was important enough I would somehow find a way to re-create (referring to technical things such as how to tune up a bicycle).

Thanks for the reply, I do respect the ownership and validity of the takedown request, It just hit me by surprise and did not give direct links to the so called infringing images.

But also does pose the question I need opinions on which is transferable IP through FB

 

[Floris]

No, I was of the opinion from reading the Facebook terms that the uploader granted transferable IP and we would be able to share such content, Hence the publicly available download and associated FB terms.

You can't make yours what isn't yours.

If they have the copyright, they can request you to remove the work. If you believe the facebook ToS about content shared by them is permitted to be redistributed without their written consent; settle it in court, if you believe you're in your right that is.

Please note that Facebook Inc sucks major cawk, and upon dmca of even valid content they take down the accounts. There's hardly a way to fight it. If it's their content, and not your own picture consider to avoid potential issues by simply respecting their kind request ..

 

[Dean]

This is very confusing.

Did you download pictures from the internet and re-post on you facebook account and your forum?
Are you hot linking to show someone elses pictures on your facebook account and on your forum?

 

[Floris]

Thanks for the reply, I do respect the ownership and validity of the takedown request, It just hit me by surprise and did not give direct links to the so called infringing images.

But also does pose the question I need opinions on which is transferable IP through FB

They HAVE to, in order to comply to the DMCA, as far as I know.

Respond to them to be very specific and point out which they believe are infringing on their copyright and request them to link to the original work for comparison. And mention you're responding in good faith and as a token of willing to resolve an issue that you didn't intent to be malicious or to commercial exploit work by others.

Good luck.

 

[Floris]

btw, in the first post it's not about content by others, it's about 'your' content. It says so in bold. What applies to you doesn't per-se apply to everybody.

 

[Dean]

Thanks for the reply, I do respect the ownership and validity of the takedown request, It just hit me by surprise and did not give direct links to the so called infringing images.

But also does pose the question I need opinions on which is transferable IP through FB

Well I would certainly ask for a direct link for the content (picture(s)) in question, otherwise they could be fishing for information..

IP = Intellectual Property, correct?

 

[Floris]

Thanks floris

The pictures were not taken by me but were shared publicly through Facebook which I then shared, I have posted the FB terms regarding sharing terms and IP rights above and is the main question I am seeking opinions on.

If Facebook has a 'share' option on a public (hence: PUBLIC) profile, or page, or gallery page, which then pushes that image as a thumbnail through it might be a function within facebook and you are just using that function. The thumbnail is fair-use. Especially if you're not commercially exploiting it.

If an image is available on the Internet publicly, it is not 'public domain'. It's still copyrighted and you don't have to mention copyright (c) in the image or the footer / title of it to enforce that.

 

[Brett Peters]

btw, in the first post it's not about content by others, it's about 'your' content. It says so in bold. What applies to you doesn't per-se apply to everybody.

So if I am correct then they way you see it is if I were to upload pictures to FB then I would still retain full non transferable IP rights ?

 

[Brett Peters]

Well I would certainly ask for a direct link for the content (picture(s)) in question, otherwise they could be fishing for information..

IP = Intellectual Property, correct?

Correct, And I also agree about supplying the links

 

[Floris]

The ToS of FB actually says exactly that what is the issue here perhaps:

You grant FACEBOOK the right to display content on Facebook to your 'connections' (not limited to your privacy settings) of YOUR WORK, and your work only.

Publishing content by others, or your content, is therefor not transferrable to other parties. They can view it if they follow your stream, but they can't download and repurpose it as they like.

(man my English sucks, hard to explain what I mean)

But what you posted doesn't say: What others upload and you visually get presented by Facebook is a transferrable right, you are free to do whatever you want with it as 'new' copyright holder... again: Does NOT say that.

 

[Brett Peters]

This is very confusing.

Did you download pictures from the internet and re-post on you facebook account and your forum?
Are you hot linking to show someone elses pictures on your facebook account and on your forum?

I downloaded said pictures from FB and by doing so both myself the downloader and the uploader both agree to FB terms, And yes then made them public through several means

 

[Floris]

So if I am correct then they way you see it is if I were to upload pictures to FB then I would still retain full non transferable IP rights ?

If you upload to facebook it has to be YOUR work.

If I give you a private or public picture, you put it on Facebook .. it is my work, not yours.. You're in violation of copyright law by unlawfully distributing my work on online.

Otherwise if you write a book, I can just put the text on my site, write below it: I wrote this! And ask money for it or give it away for you. You wrote it, I read it - doesn't mean I suddenly become the author ..

 

[Floris]

I downloaded said pictures from FB and by doing so both myself the downloader and the uploader both agree to FB terms, And yes then made them public through several means

Exactly, and those terms say you're free to view their shared content, but it remains THEIR content. They only granted facebook permission to share it with those who can view it based on account settings. It does not mean you become copyright holder of that image. You can view it for personal use. You can't distribute it. (unless they (the owner of the IP) give you rights to do so; Which they haven't. Facebook does not give you those rights..)

 

[Brett Peters]

The ToS of FB actually says exactly that what is the issue here perhaps:

You grant FACEBOOK the right to display content on Facebook to your 'connections' (not limited to your privacy settings) of YOUR WORK, and your work only.

Publishing content by others, or your content, is therefor not transferrable to other parties. They can view it if they follow your stream, but they can't download and repurpose it as they like.

(man my English sucks, hard to explain what I mean)

But what you posted doesn't say: What others upload and you visually get presented by Facebook is a transferrable right, you are free to do whatever you want with it as 'new' copyright holder... again: Does NOT say that.

I get what you mean, But I am probably stuck with my thinking because by uploading a pic to FB with no privacy settings allows anyone to click and download that image which brings me back to the FB terms.

 

[Floris]

Draft:

Dear <whoevermailedyou>,

Thank you for bringing the matter to my attention. I have no bad intentions with your images, nor am I commercially exploiting them. And am replying to you within reasonable time to help resolve the matter.

Please point out the exact images you believe I am infringing on and link to the original work. This would allow me to review them more accurately and take the appropriate action.

To my understanding shared work on Facebook.com allowed me within Facebook.com to re-share it with my contacts. I've misread this clause and appreciate it that you've pointed this out to me.

Hope to hear from you soon, and my apologies for the inconvenience.

Kind regards,

yourName

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