Selling Other People's Pics

[RW]

So there is this guy who went onto Instagram and is selling the pictures other people posted without their permission.



Is this fair game?



https://collegecandy.files.wordpress.com/2015/05/11263455_1439856812997004_1722478371_n.jpg?quality=85&strip=all&strip=all">



http://collegecandy.com/2015/05/22/some-guy-has-been-selling-other-peoples-instagram-photos-for-100000-without-permission/">http://collegecandy.com/2015/05/22/some ... ermission/">http://collegecandy.com/2015/05/22/some-guy-has-been-selling-other-peoples-instagram-photos-for-100000-without-permission/

[Annie]

Wow, really? Well I guess if it's legal, people will do anything to make a buck.

[easter bunny]

So there is this guy who went onto Instagram and is selling the pictures other people posted without their permission.



Is this fair game?



https://collegecandy.files.wordpress.com/2015/05/11263455_1439856812997004_1722478371_n.jpg?quality=85&strip=all&strip=all">



http://collegecandy.com/2015/05/22/some-guy-has-been-selling-other-peoples-instagram-photos-for-100000-without-permission/">http://collegecandy.com/2015/05/22/some ... ermission/">http://collegecandy.com/2015/05/22/some-guy-has-been-selling-other-peoples-instagram-photos-for-100000-without-permission/

Creepy. The guy seems more like an art thief to me.

[Bricktop]

You cannot steal copyright.



If its not his work, and he's using it without permission, he can be sued.

[@realAzhyaAryola]

I wish I could gather all the photos of me out there in cyber black hole. When I first joined facebook, I was feeling open and warm to one and all. I cringe at the idea now that so many people could view photos of me and those I care about. I'm so happy that I deactivated facebook except some time recently, I was informed that a good friend died suddenly. So I went to facebook to express my condolences to his grieving family by sending word to them. I don't happen to have their email anymore. Then I deactivated my facebook again.

[Romero]

You cannot steal copyright.



If its not his work, and he's using it without permission, he can be sued.

He can't! Anybody can sell public domain pics from Instagram, Facebook etc.



It's pretty sleazy. The real question is, what kind of idiot would buy a blown-up Instagram pic for $90,000 when they could just do it themselves? Idiots who think anything is "art" and throwing away money is a worthy hobby.



"Ooh, it's so edgy! It's great art!" No it's not. It's a fucking picture of a picture.



I looked into the guy a bit. In 1975, he auctioned off a rephotograph of a cigarette advertisement for $1,000,000 at Christie's. No wonder why he makes a good living off it with so many dumb asses around.

[RW]

Since when was Instagram considered "public domain"?

[Bricktop]

What she said.



"According to US law, everytime any person clicks the shutter button of the camera, he/she is producing a copyrighted photograph. So, suffice to say, unless an individual SPECIFICALLY allows use of their pictures by others, it is illegal to use them. Every photograph is copyrighted and illegal to use or reproduce in any way until the creator says otherwise. Even if the creator posts the image in 1,000 different forums and message boards, it is still copyrighted. The creator can make as many copies as they want and posit it anywhere they want... but because you aren't the creator, it is still illegal for you to reproduce it even once without buying it, licensing it, or therwise getting permission to do so. "



This is also Australian law.

[easter bunny]

You cannot steal copyright.



If its not his work, and he's using it without permission, he can be sued.

Agreed, but I doubt very many people will have the resources to do so. Also some of the terms of use at Instagram are a bit vague.

Once you have shared User Content or made it public, that User Content may be re-shared by others.

On the other hand, this part is pretty clear.

Instagram does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here http://instagram.com/legal/privacy/">http://instagram.com/legal/privacy/, including but not limited to sections 3 ("Sharing of Your Information"), 4 ("How We Store Your Information"), and 5 ("Your Choices About Your Information"). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.

I think the creepy art thief would lose.

[RW]

Dealing with copyright cases is not that difficult.



About Copyright



In most countries, copyright is a legal right that protects original works of authorship (ex: books, music, art). Generally, copyright doesn't protect facts and ideas, but it may protect the original words or images that express an idea.



To learn more about the scope of copyright protection in the US, visit the World Intellectual Property Organization's website. For a list of country-specific copyright websites, please visit WIPO's directory.



Learn more about copyright issues below.



Reporting Copyright Infringements



If you believe someone is using your copyrighted work without your permission, you may wish to fill out this form. You can also mail our designated agent. Please be sure to include a complete copyright claim in your report. Keep in mind that you don't need an Instagram account to submit a report.



Before you report a claim of copyright infringement, you may want to reach out to the person who posted the content. You may be able to resolve the issue without contacting Instagram at all.



To report a claim of copyright infringement, fill out this form.



https://help.instagram.com/126382350847838">https://help.instagram.com/126382350847838

[Romero]

Since when was Instagram considered "public domain"?

Did you or the site you linked to get doedeere's permission to post her Instagram post?

[RW]

Since when was Instagram considered "public domain"?

Did you or the site you linked to get doedeere's permission to post her Instagram post?

It falls under "fair comment" Romero as it is a news story.



The only case this shit might have is "fair use" but it has to have been transformed.  Has it been transformed enough?  Does that make it okay?

[Bricktop]

I think you're missing an important point here.



If a person posts a pic on the web, then it is widely accepted that the pic may be "used" by others. Take our respective avatars for instance. They are certainly covered by copyright, but we use them. Any image we use from the web is covered by copyright.



However, what is important is that the images are NOT used for commercial purposes, and no-one tries to portray themselves as the original author, and that the work "belongs" to them. Then, they leave themselves wide open for a law suit. Our avatars probably breach copyright, and if the owners saw them and took umbrage, they would have to be removed. Legal action would only follow if the request was denied. The point is we are not using them for benefit or gain, and we do not pretend they are our work. Using them probably helps the author, in fact.



I've posted a lot of images on the web, always saying they are protected by copyright (That's not essential, btw). If I see them anywhere else, I can enforce my copyright, and if anyone has used them commercially, I can sue for payment.



The web does not remove legal rights.

[Romero]

It falls under "fair comment" Romero as it is a news story.



The only case this shit might have is "fair use" but it has to have been transformed.  Has it been transformed enough?  Does that make it okay?

It's morally wrong, but it's not illegal or copyright infringement. He's not going to be sued for it, so...

[Bricktop]

Its not just morally wrong, it is subject to legal redress in most countries.