Photographer giving up rights?

[theosus]

Just a point for general discussion.... when has a photographer given up his/her rights to a photo?

A friend of mine took this one night:

http://inlinethumb63.webshots.com/47...500x500Q85.jpg

She thought it was funny (and whether it was the result of a disgruntled or stupid McD's employee or teenage pranking, it was still pretty good). She took a picture of it, put it on facebook, and then texted it to several of her friends. Of course we would all say the facebook thing is fine - she wouldnt expect people to copy and paste and re-send, however the texting to me is a different story. A text-picture seems to say "hey - I took this, but now feel free to do whatever you want to with it".
I just say this, because she said within a week it circled back to her several times, as "hey this is funny - look what someone sent me!", Its also been seen on several websites. Just google a n u s burger....

What are your thoughts?

[Jim Poor]

Originally Posted by theosus

Just a point for general discussion.... when has a photographer given up his/her rights to a photo?



She thought it was funny (and whether it was the result of a disgruntled or stupid McD's employee or teenage pranking, it was still pretty good). She took a picture of it, put it on facebook, and then texted it to several of her friends. Of course we would all say the facebook thing is fine - she wouldnt expect people to copy and paste and re-send, however the texting to me is a different story. A text-picture seems to say "hey - I took this, but now feel free to do whatever you want to with it".
I just say this, because she said within a week it circled back to her several times, as "hey this is funny - look what someone sent me!", Its also been seen on several websites. Just google a n u s burger....

What are your thoughts?

Well, on Facebook, one should expect the "share" button to be used. That said, the photographer doesn't give up the rights to the photo in either case you describe.

The owner of the trademarked golden arches may have something to say though . . .

[jdepould]

Originally Posted by Jim Poor

The owner of the trademarked golden arches may have something to say though . . .

I don't think there's really anything they can do about it. It wasn't photoshopped, someone took a picture of a sign that was visible to the public.

[Jim Poor]

Originally Posted by jdepould

I don't think there's really anything they can do about it. It wasn't photoshopped, someone took a picture of a sign that was visible to the public.

2. Making Photos of Trademarks

Since most enterprises want to keep control over how their trademark is used, the inclusion of a trademark in a photograph can be a sensitive matter.
2.1 Can you freely take photographs that include trademarks?

Unlike copyright law, trademark law as such does not restrict the use of a trademark in a photograph. What trademark law does forbid is using a trademark in a way that can cause confusion regarding the affiliation of the trademark owner to the image. If consumers are likely to mistakenly believe that a photograph was sponsored by the trademark owner, then there may be trademark infringement.

Example: Printing a photograph containing the Nike trademark on sportswear could result in trademark infringement. In fact, by such use it would be assumed that you are trying to appropriate some of the goodwill associated with the Nike trademark. Consumers will presumably think that the fabrics are affiliated with the Nike trademark.

I'm guessing they wouldn't want their ™ confused with a massage place that offered an "anus wrap" as part of their Happy [ending] Meal.

[Jim Poor]

On a related note, I'm guessing it was Photoshopped.
anus wrap mcdonald - Google Search

[jdepould]

Originally Posted by Jim Poor

On a related note, I'm guessing it was Photoshopped.
anus wrap mcdonald - Google Search

Or it's a really common prank, since all you need to do it pull one letter. Or both.

[theosus]

Originally Posted by jdepould

I don't think there's really anything they can do about it. It wasn't photoshopped, someone took a picture of a sign that was visible to the public.

Agreed - it was a mcdonalds ad, taken of their property. And its not advertising anything else, nor is it being used to promote another product or endorse anything else. There's no confusion about what it represents. There's another picture on the net of the exact same sign, taken during the day, that seems to be more popular.

But getting back to my original post - while its technically true that the photographer didnt legally give up any rights, what if she tried to go back and sue for use? I dont think she would get a dime, simply because she put it out for the public to use. While she intended for her friends to see it, its now up on sites like break.com...How do you handle an MMS for example? When someone forwards you some funny picture, do you say "uh oh this might be something copyrighted!", or do you do what 95% of the rest of the public does, and forward it to the appropriate friend?

Its all moot anyway - she doesnt care either way, just a discussion point.

[theosus]

Originally Posted by Jim Poor

On a related note, I'm guessing it was Photoshopped.

And no - it wasnt photoshopped. She cant do photoshop, and it was in my home town. She forwarded it to me, then called me laughing about it. She even warned the employees before taking the picture. When the sign wasnt changed 30 minutes later when she drove by, she figured it was fair game and took the picture.

[dawnwithacamera]

That reminds I have to post a photo of the sign at our local firestation, it says, "Love your kids, please belt them in the car!"

[Crabs]

Following on from the original question,

If you put photos on facebook do they then have unlimited usage of the photo?

I read in the privacy statement something very much along those lines.

Then if you post photos on say, Flickr and then put that as a link on a facebook page do you still then give facebook the right to use your image?

I am not sure, I am trying to build a facebook photography page to gain exposure, currently I am posting images on Flickr and then a link on facebook, but I am getting some feed back that people dont want to move on to flickr they want to be able to see my pics in albums on facebook,

any advice?