copyright and Facebook

[christinne muschi]

I received an email from a car dealership (BMW) to re-use one of my photos as they were going to post an article that appeared in The Globe and Mail which included their Mini Cooper and an Olympic athlete. Would I approve them using my photo and they of course would give me credit on the photo

Yes, you can imagine my bliss- I responded that it was great they wanted to use my pic and gave a nominal, nominal fee for internet usage as it was basically being used for advertising usage even though it was being posted facebook ($150- seriously how cheap can you get)

No reply- see my photo posted on their Facebook page and underneath it is a link to the article which also includes my photo.

I email saying thanks for using my photo and where can I send my bill. They reply immediately saying I must be confused, they received permission to reprint the article from The Globe and Mail.



So.... anyone know if there IS any recourse here for me? Can I go to facebook and state there is a copyright infringement? My photo is what is being liked on their page, and the article is linked underneath it.

[christinne muschi]

And please don't think I am bitchin' at TGAM- I know they can re-use the photo. I have also seen on fb people re-tweeting and sharing a story which includes our pix.

In this case they have the photo and then have a link to the story.

[Fred Lum]

Hey Christinne,

Tried looking for it on FB but couldn't find it. Looked up the photo and story in question as a start but nada. Do you have a link I can check out ? Did they post a screen capture of the page or use our photo separately ?

I wonder why they even bothered contacting you if they say they had permission ? Something doesn't smell right to me.


Good luck

Fred

[Robin Rowland]

Is the photo a thumbnail or full size?
If you link to an article, Facebook automatically looks for a photo and posts a thumbnail.
The link should go to the original article.  If they actually have grabbed the photo, that's another matter.

[christinne muschi]

Here's the link.


https://www.facebook.com/bmwlaval?fref=ts

and I guess I am trying to figure out if they are posting the photo separate or this is how it posts for them. We all post to our fb pages articles with photos. Is there a difference when a corporation posts when it is a type of advertising in mind?

[Warren Toda]

And please don't think I am bitchin' at TGAM- I know they can re-use the photo.

Don't be so sure.

The Copyright Act (section 13.3) says that a photographer working under any type of employment for a newspaper, magazine, or similar periodical, has the right to block reuse of their work in anything that's not a newspaper, magazine or similar periodical,  *unless* there is something in writing that says otherwise.

When a company buys magazine reprints, there's a reason why the reprints do not automatically include any pictures.

Interesting that the car dealership linked to the story but posts the picture instead of linking to the article+picture. (Pictures have more value than the written word!). So where is their "reprint" permission?

The car dealership's use of the photo does not meet the requirements for Fair Dealing (Section 29) and it also violates Section 14.1.1.

We all post to our fb pages articles with photos.

And that's the problem. If everyone does it, it must be okay, right? There's a small chance you could argue that it's personal use but cross your fingers and hope. But when a company does it, it can NOT argue that it's personal use.

On FB, and on your blog, post a few sentences and maybe a small thumbnail, and then link to the original. After all, this is why they invented the Web, so that you can link to other stuff.

-----

Also doesn't help that The Globe and Mail strips out EXIF data from some pictures on its site. Maybe someone should tell the Globe that it's somewhat illegal to do this. There's a reason why the Copyright At was just changed.

[Benoit Gariepy]

Christinne writes Francis Vachon

https://twitter.com/FrancisVachon


www.francisvachon.com/blog/

[christinne muschi]

Because this scares me, I am posting the BMW's reply today.....

"I must apologise Christinne. I was under the impression that when a photo was posted on a major news outlet, such as the Globe and Mail, that it becomes available to the public. I will have it removed immediately."
 
signed the Director of Marketing

[Warren Toda]

I was under the impression that when a car is parked in a major place, such as a car dealership lot, that it becomes available to the public.


----------

"I must apologise Christinne. I was under the impression that when a photo was posted on a major news outlet, such as the Globe and Mail, that it becomes available to the public."
 
signed the Director of Marketing

BMW Canada's website says:

The Website is owned and operated by BMW Canada. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to BMW Canada, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of BMW Canada. ...

The company is *fully* versed in copyright and other intellectual property laws.

[Fred Lum]

so BMW dude thinks all our content is free to copy and use as people wish because it's online ?  They must also adhere to the "ask forgiveness instead of permission" principle. sigh....

[christinne muschi]

My response to him

Hi Massimo,

As director of marketing you're statement is very disconcerting. Do you not pay for advertising?
Photos, especially when from a major news outlet are made by professional photographers and we own the copyright on our images.

Am I allowed to come to your lot and take one of your cars because there is not obvious ownership plate on it? Can I take one for a week as a trial as you did on my image and not pay for the
rental?

My lawyer says I should still send you a bill for the usage and obviously copyright violation you committed (especially after the fact that I was solicited for a price on use of the image, and I gave a discounted rate). I am going to assume you seriously (seriously?) did this inadvertently. Please for future reference find the owner of the image.

By the way--- can I have a vehicle for a week?

cheers
christinne

[David Chidley]

Great reply Christinne, please post a photo of you in your free car! 

[Tanya Workman]

Following up on this. I emailed Christinne to get her thoughts, but would love yours, too.

I recently discovered a photo I took for an old personal project being used on the website of the organization that helped put me in touch with several people I photographed.

I am going to speak with them to find out how they obtained the photo -- via the subject, who I provided a copy for personal use (only), or online -- but I am torn about whether I will be burning a bridge with this organization that's helped me if I ask them to take the photo down or try to negotiate a fee.

The kicker is that the photo is being used to help promote a new charitable fund the organization has established. Perhaps I should ask for a tax receipt and consider it a donation to the fund?

Thoughts?

[christinne muschi]

Hi Tanya

I know I already gave you a mouthful on the subject, but here I go..... Personal thought here, but I would approach the organization using your photo and ask where they obtained it.

You can then add, you are a freelancer and the re-use of images is how you make your living.

You recognize that they helped you in finding the subject but are concerned that the woman you gave the image to as a token (if this is the case) and the organization that linked you up is not aware that the rights of the image belong to you.

You can ask their thoughts and give the "do you see my point" , "how can we negotiate this?" and then decide if you wish to request a donation slip (many are unable to supply these)

Best of luck, keep us updated!

[Kenneth Armstrong]

I think the best advice I got (from Francis Vachon, I believe) was to keep emotion out of it. Keep it simple. "You used my image, where do I send the invoice?". Don't get into a protracted "who do you think you are?" argument or bring up your starving children and second mortgage.

If they keep protesting or refuse to pay then it's time to lawyer up. I'm in the middle of this right now and so far it has been painless.