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

(//%3C/s%3E%3CURL%20url=%22https://collegecandy.files.wordpress.com/2015/05/11263455_1439856812997004_1722478371_n.jpg?quality=85&strip=all&strip=all%22%3E%3CLINK_TEXT%20text=%22https://collegecandy.files.wordpress.co%20...%20&strip=all%22%3Ehttps://collegecandy.files.wordpress.com/2015/05/11263455_1439856812997004_1722478371_n.jpg?quality=85&strip=all&strip=all%3C/LINK_TEXT%3E%3C/URL%3E%3Ce%3E)
http://collegecandy.com/2015/05/22/some-guy-has-been-selling-other-peoples-instagram-photos-for-100000-without-permission/
Wow, really? Well I guess if it's legal, people will do anything to make a buck.
Quote from: "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?

(//%3C/s%3E%3CURL%20url=%22https://collegecandy.files.wordpress.com/2015/05/11263455_1439856812997004_1722478371_n.jpg?quality=85&strip=all&strip=all%22%3E%3CLINK_TEXT%20text=%22https://collegecandy.files.wordpress.co%20...%20&strip=all%22%3Ehttps://collegecandy.files.wordpress.com/2015/05/11263455_1439856812997004_1722478371_n.jpg?quality=85&strip=all&strip=all%3C/LINK_TEXT%3E%3C/URL%3E%3Ce%3E)
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.
You cannot steal copyright.
If its not his work, and he's using it without permission, he can be sued.
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.
Quote from: "SPECTRE"
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.
Since when was Instagram considered "public domain"?
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.
Quote from: "SPECTRE"
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.
Quote
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.
Quote
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/, 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.
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
Quote from: "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?
Quote from: "Romero"
Quote from: "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?
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.
Quote from: "RW"
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...
Its not just morally wrong, it is subject to legal redress in most countries.
Quote from: "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
If the TOS specifically state that the forum owns your posts then I'm pretty sure they can do whatever they want. I think it would override copyright claims. You'd still be the author though, but they could reproduce them and sell them if they wanted to. That's how memebee works.
Quote
All posts are property of memeBee. (//http)
Quote from: "easter bunny"
Quote from: "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
If the TOS specifically state that the forum owns your posts then I'm pretty sure they can do whatever they want. I think it would override copyright claims. You'd still be the author though, but they could reproduce them and sell them if they wanted to. That's how memebee works.
Quote
All posts are property of memeBee. (//http)
I don't think that's how it works. If so, why does Instagram have an entire FAQ section dedicated to filing a copyright complaint?
Quote
A reminder that your Instagram photos aren't really yours: Someone else can sell them for $90,000
The Internet is the place where nothing goes to die.
Those embarrassing photos of your high school dance you marked "private" on Facebook? The drunk Instagram posts? The NSFW snapchats? If you use social media, you've probably heard a warning akin to "don't post anything you wouldn't want your employer (or future employer) to see."
We agree, and are adding this caveat: Don't post anything you wouldn't want hanging in an art gallery.
First you should know that Richard Prince has been "re-photographing" since the 1970s. He takes pictures of photos in magazines, advertisements, books or actors' headshots, then alters them to varying degrees. Often, they look nearly identical to the originals. This has of course, led to legal trouble. In 2008, French photographer Patrick Cariou sued Prince after he re-photographed Cariou's images of Jamaica's Rastafarian community. Although Cariou won at first, on appeal, the court ruled that Prince had not committed copyright infringement because his works were "transformative."
In other words, Prince could make slight adjustments to the photos and call them his own.
This is what he did with the Instagram photos. Although he did not alter the usernames or the photos themselves, he removed captions.
Knowing that more legal action is unlikely, Prince appears to be enjoying the attention. He has been re-tweeting and re-posting his many critics.
//http://www.washingtonpost.com/blogs/style-blog/wp/2015/05/25/a-reminder-that-your-instagram-photos-arent-really-yours-someone-else-can-sell-them-for-90000/
Quote from: "RW"
Quote from: "easter bunny"
Quote from: "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
If the TOS specifically state that the forum owns your posts then I'm pretty sure they can do whatever they want. I think it would override copyright claims. You'd still be the author though, but they could reproduce them and sell them if they wanted to. That's how memebee works.
Quote
All posts are property of memeBee. (//http)
I don't think that's how it works. If so, why does Instagram have an entire FAQ section dedicated to filing a copyright complaint?
They don't specifically claim that all posts become their property. Memebee does.
I would love to see that challenged in a US court Romero. I would also love to see changes to what the definition of "transformative" is.
Quote from: "Romero"
Quote
A reminder that your Instagram photos aren't really yours: Someone else can sell them for $90,000
The Internet is the place where nothing goes to die.
Those embarrassing photos of your high school dance you marked "private" on Facebook? The drunk Instagram posts? The NSFW snapchats? If you use social media, you've probably heard a warning akin to "don't post anything you wouldn't want your employer (or future employer) to see."
We agree, and are adding this caveat: Don't post anything you wouldn't want hanging in an art gallery.
First you should know that Richard Prince has been "re-photographing" since the 1970s. He takes pictures of photos in magazines, advertisements, books or actors' headshots, then alters them to varying degrees. Often, they look nearly identical to the originals. This has of course, led to legal trouble. In 2008, French photographer Patrick Cariou sued Prince after he re-photographed Cariou's images of Jamaica's Rastafarian community. Although Cariou won at first, on appeal, the court ruled that Prince had not committed copyright infringement because his works were "transformative."
In other words, Prince could make slight adjustments to the photos and call them his own.
This is what he did with the Instagram photos. Although he did not alter the usernames or the photos themselves, he removed captions.
Knowing that more legal action is unlikely, Prince appears to be enjoying the attention. He has been re-tweeting and re-posting his many critics.
//http://www.washingtonpost.com/blogs/style-blog/wp/2015/05/25/a-reminder-that-your-instagram-photos-arent-really-yours-someone-else-can-sell-them-for-90000/
Creepy art thief.
And I think he should be treated as just that. I know I wouldn't buy anything from him.
I would pay $90,000 just for the chance to laugh in his face when he calls it "art".
I've seen pics water marked for protection against copywriting. That's an option of protection isn't it?
Quote from: "Romero"
I would pay $90,000 just for the chance to laugh in his face when he calls it "art".
I think you could do that for free :)
Quote from: "Annie"
I've seen pics water marked for protection against copywriting. That's an option of protection isn't it?
I would think so, though few would bother!
But now that I've learned what I've learned, you could just Photoshop the watermarks out and call it "transformative art".
How could anyone in good conscience pay that asshole $90,000 and give the author nothing. That's even more creepy. =(
Quote from: "easter bunny"
How could anyone in good conscience pay that asshole $90,000 and give the author nothing. That's even more creepy. =(
I agree. What kind of ethically challenged person would buy this dickweed's "art"?
Seriously!
I remember when the National Gallery of Canada bought this for $1.8 million dollars:

(//%3C/s%3E%3CURL%20url=%22http://queensjournal.ca/media/photo_cache/stories/v136/i30/v136i30ps1_first_.jpg.jpg%22%3E%3CLINK_TEXT%20text=%22http://queensjournal.ca/media/photo_cac%20...%20t_.jpg.jpg%22%3Ehttp://queensjournal.ca/media/photo_cache/stories/v136/i30/v136i30ps1_first_.jpg.jpg%3C/LINK_TEXT%3E%3C/URL%3E%3Ce%3E)
It's called Voice of Fire. lol
By the way, I'm selling slightly altered prints/photocopies of Voice of Fire for $3.6 billion dollars each. I only need to sell just one!
hahahahaha
I went through the Contemporary Art exhibition in the National Art Gallery in Ottawa. I was amazed at what passed for art.
Someone should have gone to prison for that. acc_angry
There's a market for pretty much a picture of anything....hhmmm I could make some money.....lol
What is considered art is highly subjective. A spilled bucket of paint on the garage floor could be considered art to some and just a freaking mess to others.
Art for the most part is bullshit. It's appeal and valdity is almost totally dependent on the the perception of those completely unattached and uninvolved with it's creation.
I agree Renee but I like to see some talent involved.
Does anyone remember James Franco and his imaginary art?
Quote from: "easter bunny"
Quote from: "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
If the TOS specifically state that the forum owns your posts then I'm pretty sure they can do whatever they want. I think it would override copyright claims. You'd still be the author though, but they could reproduce them and sell them if they wanted to. That's how memebee works.
Quote
All posts are property of memeBee. (//http)
A forum only owns the images if the owner has surrendered copyright. The forum can say all they want. That doesn't mean its lawful or correct. Memebee does NOT own my images. I do.
Don't sites like faceplant own your pics once you post on it?
Quote from: "Annie"
Don't sites like faceplant own your pics once you post on it?
No.
No-one owns your pic until you expressly advise them they do. They may assume you give them permission to display, which is common. That is NOT ownership.
This is true.
Quote from: "SPECTRE"
A forum only owns the images if the owner has surrendered copyright. The forum can say all they want. That doesn't mean its lawful or correct. Memebee does NOT own my images. I do.
Quote
All posts are property of memeBee.
I'm not a copyright lawyer but I would interpret that as being an unlimited royalty-free license to reproduce text and images. By posting it you would effectively be agreeing to share ownership.
I'd be happy to take THAT on in court.
You may be right. I've never really given it much thought since everything I post on a forum is intended for the public domain to begin with. If I wanted to retain exclusive rights to something I would put it on a site of my own. I've always assumed that once it's on someone else's site you've basically lost control of it unless you have the resources to hunt down every hard drive that holds it.
The guys a scum bag
Quote from: "easter bunny"
Quote from: "SPECTRE"
A forum only owns the images if the owner has surrendered copyright. The forum can say all they want. That doesn't mean its lawful or correct. Memebee does NOT own my images. I do.
Quote
All posts are property of memeBee.
I'm not a copyright lawyer but I would interpret that as being an unlimited royalty-free license to reproduce text and images. By posting it you would effectively be agreeing to share ownership.
The creator of the image retains copyright. We are using words like share. The actual verb is "publish". Another site re-publishes the original image.
Quote from: "RW"
Quote from: "easter bunny"
Quote from: "SPECTRE"
A forum only owns the images if the owner has surrendered copyright. The forum can say all they want. That doesn't mean its lawful or correct. Memebee does NOT own my images. I do.
Quote
All posts are property of memeBee.
I'm not a copyright lawyer but I would interpret that as being an unlimited royalty-free license to reproduce text and images. By posting it you would effectively be agreeing to share ownership.
The creator of the image retains copyright. We are using words like share. The actual verb is "publish". Another site re-publishes the original image.
Unless the author signs away the rights then I would agree that ownership is retained, but isn't the act of posting it on a forum the same thing as granting an exclusive license to republish?
This is mine. Unless and until I yield copyright to another entity, it will always and forever remain my property.
However, I recognise the right of this forum proprietor to PUBLISH it for public viewing. Especially for rev heads... ac_bashful

(//%3C/s%3Ehttps://c2.staticflickr.com/4/3845/14486745998_5a355f1dc9_z.jpg%3Ce%3E) (//https)
Quote from: "easter bunny"
Quote from: "RW"
Quote from: "easter bunny"
Quote from: "SPECTRE"
A forum only owns the images if the owner has surrendered copyright. The forum can say all they want. That doesn't mean its lawful or correct. Memebee does NOT own my images. I do.
Quote
All posts are property of memeBee.
I'm not a copyright lawyer but I would interpret that as being an unlimited royalty-free license to reproduce text and images. By posting it you would effectively be agreeing to share ownership.
The creator of the image retains copyright. We are using words like share. The actual verb is "publish". Another site re-publishes the original image.
Unless the author signs away the rights then I would agree that ownership is retained, but isn't the act of posting it on a forum the same thing as granting an exclusive license to republish?
Republishing doesn't change the right of ownership.