17 ms·

I am not a lawyer, but this seems to be a solution. Did I miss something? 1. Find a friend. 2. Write "I, Mr. Me, hereby transfer the exclusive right to publis

I am not a lawyer, but this seems to be a solution. Did I miss something? 1. Find a friend. 2. Write "I, Mr. Me, hereby transfer the exclusive right to publish the attached image online to Mrs. Friend, for the consideration of $1." Sign it and have your friend sign it and pay you. (At least in the US, consideration is required!) 3. Hand your friend a filled-out DMCA takedown request. Have them sign it and send it to Facebook. (If you're not in the US, figure out the local equivalent and do that.) It is possible that you violate Facebook's ToS in (2), but Facebook doesn't look too closely at DMCA requests - and losing your account might be worth it anyway. Facebook is obviously not going to fight a takedown request on your behalf, so this almost certainly does get the photo removed. It is ridiculous that one would need to do this, of course.

rmc 15y ago
If you're not in the US, figure out the local equivalent and do that I don't think any other countries have anything like the DMCA with it's safe harbour and take-down requests. I'm also pretty sure that once you upload a photo to facebook, you give them copyright on the image, and hence you are unlikely to be able to claim copyright infringment,
- JoachimSchipper 15y ago
  Honest question: aren't ACTA and the like all about cross-border copyright enforcement? I can't say I'm an expert, but... Note that it's your friend claiming copyright infringement, with an exclusive license in hand. Legally, the question is whether you can actually give an exclusive license after uploading a photo to Facebook (the ToS has been challenged and changed on similar issues), but that is not between your friend and Facebook. Google "facebook dmca": Facebook will happily take pretty much any page down (e.g. http://www.techdirt.com/articles/20101007/01244411320/facebook-fails-at-the-dmca-promises-to-restore-counter-noticed-content-but-doesn-t-updated.shtml http://www.techdirt.com/articles/20101007/01244411320/facebo...). Do you really think that Facebook is going to risk a court case where it has to prove (on its own dime!) that you actually did have copyright on the image when you uploaded it, risking its DMCA safe harbor status?
  - rmc 15y ago
    I'm also not an expert, but we've had cross border copyright enforcement for over 100 years with the Bern Convention. The UK will recognise and enforce USA copyright that happens in the UK. Facebook has to take down DMCA requests to stay with the DMCA and the safe harbour rules. However that's a US law. I don't know if non-USA people can invoke it.
- Avenger42 15y ago
  I'm also pretty sure that once you upload a photo to facebook, you give them copyright on the image I don't think that's likely - there are plenty of photographers on Facebook, and I find it hard to believe they'd upload pictures to Facebook if it meant losing their copyright.
  - rmc 15y ago
    Flickr does not require copyright assignment, and there are waaay more photographers on Flickr than FB.

rmc 15y ago

If you're not in the US, figure out the local equivalent and do that I don't think any other countries have anything like the DMCA with it's safe harbour and take-down requests. I'm also pretty sure that once you upload a photo to facebook, you give them copyright on the image, and hence you are unlikely to be able to claim copyright infringment,

JoachimSchipper 15y ago
Honest question: aren't ACTA and the like all about cross-border copyright enforcement? I can't say I'm an expert, but... Note that it's your friend claiming copyright infringement, with an exclusive license in hand. Legally, the question is whether you can actually give an exclusive license after uploading a photo to Facebook (the ToS has been challenged and changed on similar issues), but that is not between your friend and Facebook. Google "facebook dmca": Facebook will happily take pretty much any page down (e.g. http://www.techdirt.com/articles/20101007/01244411320/facebook-fails-at-the-dmca-promises-to-restore-counter-noticed-content-but-doesn-t-updated.shtml http://www.techdirt.com/articles/20101007/01244411320/facebo...). Do you really think that Facebook is going to risk a court case where it has to prove (on its own dime!) that you actually did have copyright on the image when you uploaded it, risking its DMCA safe harbor status?
- rmc 15y ago
  I'm also not an expert, but we've had cross border copyright enforcement for over 100 years with the Bern Convention. The UK will recognise and enforce USA copyright that happens in the UK. Facebook has to take down DMCA requests to stay with the DMCA and the safe harbour rules. However that's a US law. I don't know if non-USA people can invoke it.
Avenger42 15y ago
I'm also pretty sure that once you upload a photo to facebook, you give them copyright on the image I don't think that's likely - there are plenty of photographers on Facebook, and I find it hard to believe they'd upload pictures to Facebook if it meant losing their copyright.
- rmc 15y ago
  Flickr does not require copyright assignment, and there are waaay more photographers on Flickr than FB.