QUESTION
Can post public images I find a social networking site on my personal blog without consent?
Asked on Aug 08th, 2013 on Patents - Oregon
More details to this question:
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of social media, to access and use that information, and to associate it with you (i.e., your name and profile picture)." Directly from a social media’sTerms of Service. The blog is personal and not subject to any commercial use. Also I will not claim ownership for any of the images I post or source to the original owner. I understand that federal law takes priority; however when you post photos to that social media page you post agreeing to their Terms of Service. It is like a waiver form or Creative Commons license on another social networking site. When you sign a waiver form to play rugby, you cannot sue the school for getting hurt. I believe this mean I can access and use the information, but not own it. So I have nothing to worry about? I live in Canada by the way.
3 ANSWERS
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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Laws differ country by country so you should consult with a Canadian lawyer with copyright experience. Under US Copyright law - the owner of protectable subject matter (words, photos, etc.) does NOT give up his or her rights when posting to a social networking site. Others who copy such protectable subject matter can be charged with copyright infringement.
Answered on Aug 13th, 2013 at 7:12 PM
You're making an assumption that everything placed on social media has been placed there either by or with the owner's consent. That is not always true. You're assuming that the "Terms of Service" are in line with copyright law - which also isn't always true. You're also ignoring a number of other privacy laws that may apply to images and posts on social media. Reposting anything has its risks, especially if you do it in a manner that reflects negatively on a person or organization. And FYI, a signed waiver has never prevented a person from suing the entity providing the waiver.
Answered on Aug 12th, 2013 at 12:42 PM
Intellectual Property Attorney serving Portland, OR
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Mohr Intellectual Property Law Solutions, P.C.
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A legal analysis of the specific terms you reference in view of copyright law would be needed to properly advise you to what degree your proposed practice would put you at risk of copyright infringement liability. Absent a license to use copyrighted images, the copyright holder has the exclusive right to reproduce, modify, and display copyrighted images. Copyright protections extend across international borders.
Answered on Aug 12th, 2013 at 11:43 AM