3 ms·

Probably not. Only if it’s a photo that you own the copyright of, and you didn’t divest that copyright when you gave the photo to a site that had a reshare clau

Probably not. Only if it’s a photo that you own the copyright of, and you didn’t divest that copyright when you gave the photo to a site that had a reshare clause in its terms of use.

paulryanrogers 7y ago
Didn't Harrison Ford trademark his face? Then they have to pay him to use it on toys and mechanise?
- sgc 7y ago
  Could I trademark someone else's face and claim royalties? It seems like a legal stretch, or at least indicates a legal reality I can't support. Unless he has secretly had so much plastic surgery he designed it.
  - JohnFen 7y ago
    > Could I trademark someone else's face and claim royalties? To get a trademark, the mark you're registering has to be actively used in commerce. There are other laws that come into play if you're using someone else's likeness in commerce. The entire purpose of trademark is to prevent consumer confusion (for instance, to prevent one company from using another company's logo on their products).
  - redler 7y ago
    Is the Obey logo trademarked?
bosswipe 7y ago
Do you give up copyright when you upload photos to Facebook or LinkedIn?
- JohnFen 7y ago
  No, you don't. You grant them a perpetual license to use those photos. You aren't granting a license to any companies who scrape those photos to use them. However, copyright only applies to distributing copies -- someone could collect and use photos and not violate copyright as long as they don't redistribute those photos. Another wrinkle is that in the US the copyright of a photo belongs to the person who took the picture, not the person who appears in it (unless an assignment of copyright was signed). So, if you posted a picture of yourself that you didn't take then you probably aren't the copyright holder, which would mean that you aren't the one who would have the right to recourse for any misuse of it.
  - bosswipe 7y ago
    The grey area is if data gleaned from a photo is also under copyright. Clearview could analyze public photos and store facial data from them without storing the photos themselves.
    - JohnFen 7y ago
      Right, this was what I was alluding to. I am not a lawyer, but I have a solid lay understanding of copyright. By my understanding (which may be wrong!), copyright law does not prohibit this use of the pictures at all. However, if they are providing the pictures themselves as part of the search results, there may indeed be a copyright issue.

Probably not. Only if it’s a photo that you own the copyright of, and you didn’t divest that copyright when you gave the photo to a site that had a reshare clause in its terms of use.

paulryanrogers 7y ago

Didn't Harrison Ford trademark his face? Then they have to pay him to use it on toys and mechanise?

sgc 7y ago
Could I trademark someone else's face and claim royalties? It seems like a legal stretch, or at least indicates a legal reality I can't support. Unless he has secretly had so much plastic surgery he designed it.
- JohnFen 7y ago
  > Could I trademark someone else's face and claim royalties? To get a trademark, the mark you're registering has to be actively used in commerce. There are other laws that come into play if you're using someone else's likeness in commerce. The entire purpose of trademark is to prevent consumer confusion (for instance, to prevent one company from using another company's logo on their products).
- redler 7y ago
  Is the Obey logo trademarked?

bosswipe 7y ago

Do you give up copyright when you upload photos to Facebook or LinkedIn?

JohnFen 7y ago
No, you don't. You grant them a perpetual license to use those photos. You aren't granting a license to any companies who scrape those photos to use them. However, copyright only applies to distributing copies -- someone could collect and use photos and not violate copyright as long as they don't redistribute those photos. Another wrinkle is that in the US the copyright of a photo belongs to the person who took the picture, not the person who appears in it (unless an assignment of copyright was signed). So, if you posted a picture of yourself that you didn't take then you probably aren't the copyright holder, which would mean that you aren't the one who would have the right to recourse for any misuse of it.
- bosswipe 7y ago
  The grey area is if data gleaned from a photo is also under copyright. Clearview could analyze public photos and store facial data from them without storing the photos themselves.
  - JohnFen 7y ago
    Right, this was what I was alluding to. I am not a lawyer, but I have a solid lay understanding of copyright. By my understanding (which may be wrong!), copyright law does not prohibit this use of the pictures at all. However, if they are providing the pictures themselves as part of the search results, there may indeed be a copyright issue.