3 ms·

as basch said, that's not how copyright works in photography. If you're tagged in a photo as a subject of that photo, it is not your photo, and if you take a co

as basch said, that's not how copyright works in photography. If you're tagged in a photo as a subject of that photo, it is not your photo, and if you take a copy of it then that's a breach of copyright. It belongs to the photographer. Our expectations don't match with actual law here.

LegitShady 7y ago
Using the photo commercially may be a breach of copyright. Having a copy I do not think is and likely Facebook could fix that I'm their tos.
- marcus_holmes 7y ago
  The entire music industry fought global legal battles for decades claiming that making a copy of something that someone else holds copyright on, even for your own personal use, is a crime. I don't think you can waive copyright with a ToS, either. I could be wrong, though.
  - icebraining 7y ago
    You don't "waive" the copyright, you just give Facebook a worldwide, royalty-free, irrevocable, etc, etc license to do whatever they need with the photo, including adding it to the data download archives of the persons pictured.
p49k 7y ago
We’re not talking about copyright, though - we’re taking about privacy rights, and - even if we discard compelling fair use arguments - everyone who uses Facebook gives them a license to distribute the photos they upload to the site to others for various reasons. Copyright law doesn’t really come into play, and of course much data involved here isn’t even copyrightable.
- basch 7y ago
  its an analogy, im not bringing up copyright law as something that impacts the situation, its an illustration of a similar concept. Some countries treat photography as copyright as the priority, others let privacy law take precedent.
klingonopera 7y ago
I think this is a country- and thus law-specific case. In Germany, AFAIK, if the picture has less than five people on it, it is considered a photo of you, and both you and the photographer have a copyright on it. EDIT: Maybe not the entire copyright, but you definitely have a say as the subject in such a photo, including barring it from the public against the photographer's wishes, if you please.
- marcus_holmes 7y ago
  this is true, and we obviously have Model Release Forms for a reason, but the point remains that just because it's a photo of you, it's not your photo.
  - mcny 7y ago
    If you explicitly and manually tag me in a photo and it shows up on my profile, it should be a part of my takeout. I don’t understand what you’re having difficulty understanding. I never said use machine learning to comb through all photos ever uploaded to Facebook and add them to my takeout. I don’t think what I’m saying is controversial at all.

LegitShady 7y ago

Using the photo commercially may be a breach of copyright. Having a copy I do not think is and likely Facebook could fix that I'm their tos.

marcus_holmes 7y ago
The entire music industry fought global legal battles for decades claiming that making a copy of something that someone else holds copyright on, even for your own personal use, is a crime. I don't think you can waive copyright with a ToS, either. I could be wrong, though.
- icebraining 7y ago
  You don't "waive" the copyright, you just give Facebook a worldwide, royalty-free, irrevocable, etc, etc license to do whatever they need with the photo, including adding it to the data download archives of the persons pictured.

p49k 7y ago

We’re not talking about copyright, though - we’re taking about privacy rights, and - even if we discard compelling fair use arguments - everyone who uses Facebook gives them a license to distribute the photos they upload to the site to others for various reasons. Copyright law doesn’t really come into play, and of course much data involved here isn’t even copyrightable.

basch 7y ago
its an analogy, im not bringing up copyright law as something that impacts the situation, its an illustration of a similar concept. Some countries treat photography as copyright as the priority, others let privacy law take precedent.

klingonopera 7y ago

I think this is a country- and thus law-specific case. In Germany, AFAIK, if the picture has less than five people on it, it is considered a photo of you, and both you and the photographer have a copyright on it. EDIT: Maybe not the entire copyright, but you definitely have a say as the subject in such a photo, including barring it from the public against the photographer's wishes, if you please.

marcus_holmes 7y ago
this is true, and we obviously have Model Release Forms for a reason, but the point remains that just because it's a photo of you, it's not your photo.
- mcny 7y ago
  If you explicitly and manually tag me in a photo and it shows up on my profile, it should be a part of my takeout. I don’t understand what you’re having difficulty understanding. I never said use machine learning to comb through all photos ever uploaded to Facebook and add them to my takeout. I don’t think what I’m saying is controversial at all.