Selling Other People's Pics

[easter bunny]

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

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.

http://memebee.com/vancouver/viewtopic.php?f=2&t=3">All posts are property of memeBee.

[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

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.

http://memebee.com/vancouver/viewtopic.php?f=2&t=3">All posts are property of memeBee.

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?

[Romero]

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/">//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/

[easter bunny]

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

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.

http://memebee.com/vancouver/viewtopic.php?f=2&t=3">All posts are property of memeBee.

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.

[RW]

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.

[easter bunny]

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/">//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.

[RW]

And I think he should be treated as just that.  I know I wouldn't buy anything from him.

[Romero]

I would pay $90,000 just for the chance to laugh in his face when he calls it "art".

[Annie]

I've seen pics water marked for protection against copywriting. That's an option of protection isn't it?

[RW]

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 :)

[Romero]

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".

[easter bunny]

How could anyone in good conscience pay that asshole $90,000 and give the author nothing. That's even more creepy. =(

[RW]

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"?

[easter bunny]

Seriously!

[Romero]

I remember when the National Gallery of Canada bought this for $1.8 million dollars:



http://queensjournal.ca/media/photo_cache/stories/v136/i30/v136i30ps1_first_.jpg.jpg">



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!