Copyright blah blah blah...

[GooniesNeverSayDie11]

I didn't read everything on here so this is my take on it. Most likely there were terms to submitting to the contest in which the company could not be held liable for anything. Even if there weren't if you pursue any legal action against the company, they in turn are going to pursue legal action against your friend. Most likely she did not realize the error in what she was doing. Most people do not comprehend copyright. If they did, there would never have been a Napster or a plethera of RIAA lawsuits. So you have to ask yourself, is it worth screwing your friend? As for altering the image, this is also most likely in some clause somewhere when your friend submitted. So your choices are:

1) contact the company and have them not use your image ( which may still result in them pursuing legal action against your friend if they wasted money on printing this image up and doing a lot of promotional work with it already )
2) let them use it but request a credit line or to add your watermark or website or something beneficial to you
3)File suit against your friend and the company.

No matter what your choice, I would advise copyrighting the image right away. I would also make your friend aware of the mistake that she made and why its a mistake.

Personally, I would allow the other parties involved to decide if they want to play hardball or not. In reality, you are not losing any money or anything from this, so why not try to make a positive outcome to it. Thats better than actually risking LOSING money by paying for an attorney and wasting a bunch of time in your life.

 

[MissCream]

I didn't read everything on here so this is my take on it. Most likely there were terms to submitting to the contest in which the company could not be held liable for anything. Even if there weren't if you pursue any legal action against the company, they in turn are going to pursue legal action against your friend. Most likely she did not realize the error in what she was doing. Most people do not comprehend copyright. If they did, there would never have been a Napster or a plethera of RIAA lawsuits. So you have to ask yourself, is it worth screwing your friend? As for altering the image, this is also most likely in some clause somewhere when your friend submitted. So your choices are:

1) contact the company and have them not use your image ( which may still result in them pursuing legal action against your friend if they wasted money on printing this image up and doing a lot of promotional work with it already )
2) let them use it but request a credit line or to add your watermark or website or something beneficial to you
3)File suit against your friend and the company.

No matter what your choice, I would advice copyrighting the image right away. I would also make your friend aware of the mistake that she made and why its a mistake.

Personally, I would allow the other parties involved to decide if they want to play hardball or not. In reality, you are not losing any money or anything from this, so why not try to make a positive outcome to it. Thats better than actually risking LOSING money by paying for an attorney and wasting a bunch of time in your life.

I wrote them and asked how you enter, turns out that you don't even enter. They randomly pick people that are in the group and use their picture without even asking them.

 

[GooniesNeverSayDie11]

I wrote them and asked how you enter, turns out that you don't even enter. They randomly pick people that are in the group and use their picture without even asking them.

Well how do you join the group? There has to be fine print somewhere. Perhaps you agree by joining the group that you own copyright and they can use the images as they see fit.

 

[MissCream]

I wrote them and asked how you enter, turns out that you don't even enter. They randomly pick people that are in the group and use their picture without even asking them.

Well how do you join the group? There has to be fine print somewhere. Perhaps you agree by joining the group that you own copyright and they can use the images as they see fit.

It's just a Facebook page, you just click the button
https://www.facebook.com/PacificoBar?sk=wall

 

[GooniesNeverSayDie11]

Wait, is this a Facebook group?

 

[MissCream]

Yeah

 

[GooniesNeverSayDie11]

Facebook can do anything with your photos if you upload them. Read their fine print. If I recall, they can use them in any capacity ( including sub-licensing ) until you delete them. However, if they are shared and others have them on their profile too, Facebook still retains the right to use them. So did you upload the photo, or did she? If she uploaded the photo, then she has no authority to grant rights on your copyright in which case you can file suit against your friend.

You could also contact facebook and have the images removed.

 

[GooniesNeverSayDie11]

You can still sue the company that used the image, but all roads are going to lead back to your friend in one way or another.

 

[MissCream]

She uploaded it. This probably will probably sound stupid but it's not Facebook using it, it's the bar. Or does that matter?

 

[nickzou]

Bonus: Interview with Copyright Attorney Ed Greenberg | Photoshop User TV

Wwwwoooooowwwwww.... this is the most long winded video I've seen in quite a while. When does he how to register your photos?

 

[GooniesNeverSayDie11]

She uploaded it. This probably will probably sound stupid but it's not Facebook using it, it's the bar. Or does that matter?

It depends how the Bar attained the image. If they just grabbed it from a facebook page, then they are #1) incredibly stupid, and #2) liable. If they have some sort of agreement with facebook ( not sure what sort of content licensing programs facebook has ) then they may have been granted permission by facebook to use it. ( sub-licensing )

 

[GooniesNeverSayDie11]

You have to read their TOS though, cause I am foggy at best and these kinds of sites constantly change them as users wise up and threaten to revolt.

 

[MissCream]

She uploaded it. This probably will probably sound stupid but it's not Facebook using it, it's the bar. Or does that matter?

It depends how the Bar attained the image. If they just grabbed it from a facebook page, then they are #1) incredibly stupid, and #2) liable. If they have some sort of agreement with facebook ( not sure what sort of content licensing programs facebook has ) then they may have been granted permission by facebook to use it. ( sub-licensing )

Thanks for the info, I'm 99% sure they just grabbed it from her profile. I asked my friend in law school and she said it was illegal but she is just in her 2nd year so I'm not sure how knowledgeable she is.

 

[nickzou]

Damn, can't really find any information on how to register an image in Canada.

 

[GooniesNeverSayDie11]

She uploaded it. This probably will probably sound stupid but it's not Facebook using it, it's the bar. Or does that matter?

It depends how the Bar attained the image. If they just grabbed it from a facebook page, then they are #1) incredibly stupid, and #2) liable. If they have some sort of agreement with facebook ( not sure what sort of content licensing programs facebook has ) then they may have been granted permission by facebook to use it. ( sub-licensing )

Thanks for the info, I'm 99% sure they just grabbed it from her profile. I asked my friend in law school and she said it was illegal but she is just in her 2nd year so I'm not sure how knowledgeable she is.

The devil is always in the details. On face value, if they just swiped it, I would say it was obtained and used illegally.