Copyrighted images on FB - beer version (1 Viewer)

[MarvinTScamper]

girl sues Anheuser Busch for use of FB photo

I get it.  She wants to get paid.  Copyrights said photo AFTER it's use by AB.   I don't know FB rules, but here's what I'm thinking.

1. She can't copyright a photo with AB product in it, right?

2. She published to FB, which I think turns over rights, unless it's a private FB page

3. Public domain is public domain

Discuss.  She's hot, anyway.

 

[Dan Lambskin]

I bet she smells like Newports and Funyuns

 

[mquinnjr]

8.5/10

 

[MarvinTScamper]

reminds me of "man hands" on Seinfeld too.  Could crush a walnut or two with those mitts.

 

[jon_mx]

Really does not seem right that posting an image on FB you should forfeit the rights to the image so it can be used for commercial use.  So if Beyoncé posted an image, I could use it for free in an ad campaign?   

 

[Ramsay Hunt Experience]

girl sues Anheuser Busch for use of FB photo

I get it.  She wants to get paid.  Copyrights said photo AFTER it's use by AB.   I don't know FB rules, but here's what I'm thinking.

1. She can't copyright a photo with AB product in it, right?

2. She published to FB, which I think turns over rights, unless it's a private FB page

3. Public domain is public domain

Discuss.  She's hot, anyway.

1.  Yes, she can.  At least with respect to that particular image.

2.  Nothing I've seen from Facebook's terms of service suggests that. 

3.  I don't know what you mean.  Public domain means that copyright protection has expired on the work.  Mark Twain's books, for example, are in the public domain.  It has nothing to do with having posted it on a public website. 

 

[glvsav37]

I'm in advertising and I would NEVER pul la photo from Facebook or google to use in a campaign. Esp when the persons face is as clear as this.

I think she has a case and w/o digging deep into the FB terms, this is pretty much illegal. And if it turns out FB does allow this, then thats the last time I ever post a picture to FB b/c no company should be able to freely use anyones photo without some sort of compensation.  

 

[El Floppo]

I'm in advertising and I would NEVER pul la photo from Facebook or google to use in a campaign. Esp when the persons face is as clear as this.

I think she has a cans and w/o digging deep into the FB terms, this is pretty much illegal. And if it turns out FB does allow this, then thats the last time I ever post a picture to FB b/c no company should be able to freely use anyones photo without some sort of compensation.  

she sure does.

 

[Ramsay Hunt Experience]

One potentially tricky issue the plaintiff might face is proving authorship.  She is the subject of the portrait, not necessarily the author.  Now, if she said to someone "take my phone and take a picture of me doing this" she probably can prove authorship.  But otherwise, the person who took the picture might be the author and be entitled to the copyright. 

In any case, this is a particularly weird thing for a company like A/B to do.  I had assumed most liquor/beer distributors just had photographers hired to be at events they would sponsor to get these types of shots. 

 

[glvsav37]

she sure does.

haaaa...whoops....Freudian slip? 

I meant 'a case'

 

[Joe T]

Copyright attaches at the moment of creation.

This is my understanding as well.

You take the photo.  You own the photo.  Posting to FB or anywhere really does not necessarily make it public domain.

 

[MarvinTScamper]

Posting something publicly does not make it public domain. Just like publicly giving a speech does not make it public domain, or broadcasting something on a TV outdoors, or painting a mural on the public exterior side of a building.

I'm no lawyer (thank God) but I had read that if you're in public, photos taken of you are not protected for privacy purposes.

The articles I read have FB claiming ownership of any photo posted, so that's what I was basing that on.    

Meh, I guess it's just lawyers fighting with other lawyers, as usual.   She'll get paid, but AB won't make it easy, or overly lucrative, I'm sure.  They can bury her in legal costs if they feel slighted, legally or not.

Thanks for the insight.  Never fails to amaze me what people around here know.

 

[MarvinTScamper]

One potentially tricky issue the plaintiff might face is proving authorship.  She is the subject of the portrait, not necessarily the author.  Now, if she said to someone "take my phone and take a picture of me doing this" she probably can prove authorship.  But otherwise, the person who took the picture might be the author and be entitled to the copyright. 

In any case, this is a particularly weird thing for a company like A/B to do.  I had assumed most liquor/beer distributors just had photographers hired to be at events they would sponsor to get these types of shots. 

and is there any implication if the fault is that of the ad agency responsible for it?

 

[Brony]

I should probably clarify this, as it was beaten into me by my lawyers when I was a frequent licensor of content. There is no worldwide law of public domain. Something in the public domain in one country (for example, "James Bond" in Canada) may not be in public domain in others ("James Bond" in the US). There's no single law of public domain that covers the globe. It's far easier for me to license something copyrighted from a liable party than take on the risk of using something in US public domain and assuming it's public domain worldwide & in perpetuity for the purposes of broadcasting around the globe and streaming across the planet on netflix.

This definitely came up when I wanted to use a clip of "The Three Stooges" that was in public domain (in the US). Even though a court case had settled the issue (the same clip was used in "The Long Kiss Goodnight", they were sued by the Stooges' heirs, and the court ruled it was public domain), my lawyers wouldn't let me do it because the copyright could still be attached in other countries, or other media, or the status could change between the time we used it and when it's streamed on Netflix Brainwave in 2050. So they'd rather I'd paid to license it from the Stooges' heirs just to be sure there was no copyright issue down the line. Luckily, the Stooges' heirs offer a discount rate to license US-Public Domain works (normal rate was about $10k per minute with a 1 minute minimum order IIRC).

Did you work with Dewey, Burnham, and Howe?

 

[Joe T]

More importantly, why is MTScamper reading TMZ???

 

[MarvinTScamper]

More importantly, why is MTScamper reading TMZ???

found it on Fox actually, but TMZ had a photo of the girl

 

[Mr. Ected]

One potentially tricky issue the plaintiff might face is proving authorship.  She is the subject of the portrait, not necessarily the author.  Now, if she said to someone "take my phone and take a picture of me doing this" she probably can prove authorship.  But otherwise, the person who took the picture might be the author and be entitled to the copyright. 

In any case, this is a particularly weird thing for a company like A/B to do.  I had assumed most liquor/beer distributors just had photographers hired to be at events they would sponsor to get these types of shots. 

and is there any implication if the fault is that of the ad agency responsible for it?

I'm no lawyer, but is on one level the issue between her and AHB, and if/when they lose, couldn't AHB go after the ad agency for their fault and get some $$$ from them?

 

[NotSmart]

Pay the lady.

 

[shuke]

girl sues Anheuser Busch for use of FB photo

I get it.  She wants to get paid.  Copyrights said photo AFTER it's use by AB.   I don't know FB rules, but here's what I'm thinking.

1. She can't copyright a photo with AB product in it, right?

2. She published to FB, which I think turns over rights, unless it's a private FB page

3. Public domain is public domain

Discuss.  She's hot, anyway.

You don't know #### about copyright laws. 

 

[MarvinTScamper]

You don't know #### about copyright laws. 

MyPatentAttorney™ does though.  

How's the elbow biz?