21 ms·

If Clearview profits from having your photo in their database, don’t you deserve compensation?

by Gatsky 7y ago

Proven 7y ago
If you "profit" (by saving time that you'd otherwise need to go to a brick-and-mortar store) by viewing a new product on Amazon.com, does Amazon deserve compensation? If somebody took your photo in a public place, why should you deserve compensation?
- Gatsky 7y ago
  I think this analogy isn’t very illuminating. In the case of Clearview the photo is the product. For public place photos, the photographer has rights to the photo. Anyway, most of the photos on social media are not these public place photos.
o-__-o 7y ago
What is the value of your photo? That is the compensation you deserve. So what’s that worth, $2? It’s the aggregate that provides value to the business
- nocturnial 7y ago
  If two parties can't decide on the value, I would think it's only natural there would be no transaction. If I set the value of my photo at $2 million and company X sets it at $0.20, am I forced to sell it at $0.20? If two people can't decide on a valuation it's only fair there's no transaction.
  - o-__-o 7y ago
    Depends. If it is your photo, then you own the copyright and you entirely have the right to set a price or not share it at all (don't click 'I agree' on those TOS) If it is not your photo, then unless you are a celebrity or otherwise a famous figure the law is quite clear that you do not have any recourse for your photo being used. You must use the courts to determine the valuation of your likeness.
    - deleted 7y ago
      [deleted]
  - perl4ever 7y ago
    If you own a share of stock whose market price is $10, and someone buys the company for $20, you can't personally refuse to sell for under $50. You will, typically, be cashed out on a certain date without any action on your part. In the past, I've run into people who just won't believe this.
- Gatsky 7y ago
  The only question is whether the value is > 0. If so, then Clearview are vulnerable to legal challenge. The final step of identifying people involves actual individual photos, and these photos are displayed to the police officer. It is not just the aggregate.
imgabe 7y ago
Where did they get your photo? Did they get it from Facebook? You probably agreed to let Facebook share it with whoever they want when you uploaded it there. Is it a photo of you in a public place? People are not usually entitled to compensation for that.
- 1996 7y ago
  You took the picture with your phone? You own the copyrights. You can issue a DMCA takedown if someone illegally copy your copyrighted creation and profits from it.
  - incompatible 7y ago
    I don't think they'd meet the requirements to be covered by the DMCA safe harbor, i.e., being unaware of the infringing material and not receiving financial benefit. However, they may be able to try a "fair use" defence, since they aren't republishing the photos.
darkerside 7y ago
This is a great question. For all the trouble (and it's not much) that CCPA has caused me at work, it would totally be with it if it ends up destroying unethical, unregulated sham companies like this one.

If Clearview profits from having your photo in their database, don’t you deserve compensation?

by Gatsky 7y ago

If Clearview profits from having your photo in their database, don’t you deserve compensation?

If you "profit" (by saving time that you'd otherwise need to go to a brick-and-mortar store) by viewing a new product on Amazon.com, does Amazon deserve compensation? If somebody took your photo in a public place, why should you deserve compensation?

Gatsky 7y ago
I think this analogy isn’t very illuminating. In the case of Clearview the photo is the product. For public place photos, the photographer has rights to the photo. Anyway, most of the photos on social media are not these public place photos.

o-__-o 7y ago

What is the value of your photo? That is the compensation you deserve. So what’s that worth, $2? It’s the aggregate that provides value to the business

nocturnial 7y ago
If two parties can't decide on the value, I would think it's only natural there would be no transaction. If I set the value of my photo at $2 million and company X sets it at $0.20, am I forced to sell it at $0.20? If two people can't decide on a valuation it's only fair there's no transaction.
- o-__-o 7y ago
  Depends. If it is your photo, then you own the copyright and you entirely have the right to set a price or not share it at all (don't click 'I agree' on those TOS) If it is not your photo, then unless you are a celebrity or otherwise a famous figure the law is quite clear that you do not have any recourse for your photo being used. You must use the courts to determine the valuation of your likeness.
  - deleted 7y ago
    [deleted]
- perl4ever 7y ago
  If you own a share of stock whose market price is $10, and someone buys the company for $20, you can't personally refuse to sell for under $50. You will, typically, be cashed out on a certain date without any action on your part. In the past, I've run into people who just won't believe this.
Gatsky 7y ago
The only question is whether the value is > 0. If so, then Clearview are vulnerable to legal challenge. The final step of identifying people involves actual individual photos, and these photos are displayed to the police officer. It is not just the aggregate.

imgabe 7y ago

Where did they get your photo? Did they get it from Facebook? You probably agreed to let Facebook share it with whoever they want when you uploaded it there. Is it a photo of you in a public place? People are not usually entitled to compensation for that.

1996 7y ago
You took the picture with your phone? You own the copyrights. You can issue a DMCA takedown if someone illegally copy your copyrighted creation and profits from it.
- incompatible 7y ago
  I don't think they'd meet the requirements to be covered by the DMCA safe harbor, i.e., being unaware of the infringing material and not receiving financial benefit. However, they may be able to try a "fair use" defence, since they aren't republishing the photos.

darkerside 7y ago

This is a great question. For all the trouble (and it's not much) that CCPA has caused me at work, it would totally be with it if it ends up destroying unethical, unregulated sham companies like this one.