Google and other image search engines are a free and easy way to get visual information. Search engines are not the best way to find an image for your blog. Your copy of an online search image may not cause trouble if used in an off-line collage or physical artwork. Use of that same image online, however, carries enormous risk. Unfortunately, search engine results obscure image ownership information. Images bounce around the internet as they are screen-captured, downloaded from social media, mixed with other material, and shared by users. The owner of the website where you found the image likely does not own the image or provide permission from subjects appearing in the image.
Nevertheless, the photographer and each party or location depicted in the photo has rights in the image. Obtaining each of their permissions to use the image for your particular personal, commercial, or professional use is required to avoid liability. Although most images online are of unknown provenance, people and businesses continue to use online search images without permission. Several clients this year received demand letters relating to the use of online images without permission. Here are a few reasons to avoid risk by not right-clicking an image:
- Photo Trolls are Copyright Owners with Registered Claims to Copyright. While true, certain copyright owners are very aggressive about policing their rights. They use electronic infringement detection tools to identify potential infringement of their copyrights then demand several thousand dollars per image to settle. Ignore their demand letters at your peril. (more…)
On November 19, 2014, the Federal Trade Commission announced that it is seeking public comment on a second proposed verifiable parental consent method by AgeCheq, an online privacy protection service. The Children’s Online Privacy Protection Act (COPPA) requires children and family-friendly website operators and app developers to (1) post privacy policies and (2) notify and obtain verifiable consent from parents prior to collecting, using, or disclosing personal information from children under the age of 13.
There are considerable challenges to obtaining verifiable consent from parents in real time–particularly for use of online services by children. The rule lays out a number of acceptable methods for gaining verifiable parental consent and includes a provision allowing parties to submit new consent methods to the FTC for approval. Age Cheq’s new proposal eliminates the need for paper signatures by providing a digitally signed parental declaration authenticated by a verification code on the parent’s mobile device.
Joyce McKinney allegedly kidnapped and raped a Morman missionary dubbed the Morman Sex Slave by the Daily Mirror. McKinney was the Diaper Wearing Astronaut of her time. Tabloid media’s entertainment value comes from invading the personal lives of notable and notorious people. Invasion of privacy laws protect people from injury from unwanted attention. Public figures like elected officials and celebrities who seek public attention seldom win lawsuits for invasion of privacy. The First Amendment protects newsworthy stories. Sensational stories may transform a private person into a limited public figure because she is related to a newsworthy event like the Manacled Morman story. When the story fades into history, does its newsworthy status evaporate? Do limited public figures like Joyce McKinney have a right to keep their notorious acts in the past? (more…)
Or perhaps the notices are a hoax virus– spread by friends bullying friends to spam others to show respect for the poster’s privacy and copyrights. Posting and re posting the Facebook Privacy Notice will not change Facebook’s policies. If privacy is a concern, adjust privacy settings or avoid using Facebook for private communications. If controlling content is a concern, avoid posting images or register copyright in important materials before posting. To use Facebook, users give it a limited right to “share” their user content. This right does not place user content in the public domain. (more…)
Keeping your Facebook images private is a confounding problem. Ask Mark Zuckerberg’s sister Randi who couldn’t make sense of FB’s privacy settings. Kashmir Hill, a privacy commentator at Forbes posted a funny analysis of the Zuckerberg predicament and easy to follow directions on how to adjust your settings to keep family photos more private. The settings are easy once you know where to look. User posting behavior sometimes doesn’t match with User privacy concerns.
As of November 28, Facebook will be able to change its policies with seven days notice to users. No more voting. In the past, voting on changes allowed some users to flood the system and obscure other user’s input. Will the proposed changes offer more transparency or enhance user’s experience?
The Data Use Policy is slowly becoming less opaque but still obscures some collection methods. For example, the Data Use policy does not explain how the Facebook “Like” button on third party sites may collect about our activities on each website we visit after “liking” a site and then share data with affiliates who serve targeted ads elsewhere.
Will the proposed changes affect businesses and marketeers using Facebook for corporate events, product launches and brand communications? While the proposed changes do not seem to affect developer and marketing activity, empowering consumers with privacy settings could curb the digital love.
Everything needed to “understand” Facebook’s new moves is here.