(Closed) Help site using a pic of me obtained from WB……Asking for a lil advice!!!

posted 8 years ago in Weddingbee
Post # 17
Member
9076 posts
Buzzing Beekeeper
  • Wedding: December 2012

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@weddingbound: 

I’d say something like..

“Hi, My name is <whatever> and I recently found a listing on your website (Link it) that is using my personal photo. This photo is of me wearing the dress listed but I did not give my explicit permission to use said photo. It was originally posted on a forum (You can link the thread if you’d like) and I ask for it to be removed.”

I would personally call them. The number listed is “Call Us @ 424.272.0744
Between 9am and 4pm PST”

I would definitely get in touch with the highest ranking person you can and again, just politely explain your situation. A photo is being used without your permission and you’d like it taken down.

Post # 19
Member
2268 posts
Buzzing bee

I see on the right hand side there is a ‘Meet the seller’ box with an ‘Ask a question’ button, I would email the seller first and ask her to take it down.

I would assume she didn’t want to post a picture of herself in the dress, so used google to find a picture of a bride in the same dress, liked yours and then used it.

Post # 20
Member
9076 posts
Buzzing Beekeeper
  • Wedding: December 2012

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@ThreeMeers:  Just because you can pin it does not mean your IP rights are retracted. “Pinning” means nothing, and Pinterest is not making a profit off of the images. This website clearly is. When a photo is taken, the photographer is granted immediate Intellectual Property rights. What this, is basically a “poor man’s copyright.”

Meaning, if I were to, say.. go onto DeviantArt (Or another photo hosting place), I could not just pick out a photo I like and use it, without permission, in a brochure I’m using to earn money for something.

IP protects people that way.

I cannot find a copy of Wedding Bee’s terms of service, but they would need an explicit clause in their ToS stating that photos can be used for whatever they like.

Even in that case, only weddingbee would be allowed to use the photos — They would not be free use stock photos.

Edit:

Example. Facebook has a clause saying they can use whatever photo posted on Facebook for whatever they want. This only entitles facebook to use pictures on facebook for marketing purposes.

This clause does not entitle anyone else on the internet to use those photos for free and without permission. Facebook can. The rest of the world cannot.

Post # 21
Member
4654 posts
Honey bee
  • Wedding: August 2013

Yeah the website probably has no idea, it seems like the individual seller is pretending that’s her — here’s my guess, she googled for the dress to find a real person in it to make her ad more appealing and happened to find yours. I’d try to contact the seller first, as the seller is most likely to have the ability to quickly change the listing. Then if they are not cooperative, the website. 

Post # 22
Member
3562 posts
Sugar bee
  • Wedding: September 2013

I think it’s pretty funny that the seller listed in the description that the dress was “never worn or tried on” and yet your picture is definitely in a bridal salon trying it on!  

Like everyone else said, just contact her and ask her to take the picture down.

Post # 24
Member
844 posts
Busy bee
  • Wedding: May 2013

Omgosh crazy!  I totally wouldn’t have thought twice about that being the actual dress. That’s messed up!  At the vVERY least, she coulda cut your head off. Unethical, but not quite as blatantly stealing.  I’d be pisssssssed!  You look gorg btw!

Post # 25
Member
2622 posts
Sugar bee
  • Wedding: November 1999

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@Hyperventilate:  That may be true, but I am still not totally sold. She didnt file for copyr right, FAcebook is private, not public and pinterest does make money off her photo. Not directly, but as a sharing site of photos.  And by putting it on a public forum, is it expressely putting it in the public domain? As opposed to putting it on a site that she owns and operates and has a TOU on? 

These are honest questions. I have no idea and would love to see a sourec to answer them

Post # 26
Member
9076 posts
Buzzing Beekeeper
  • Wedding: December 2012

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@ThreeMeers:  You’re not understanding.

Intellectual Property Rights are given to any media. Photography, video, music, film, artwork, any media immediately upon creation. You do not have to file for them. They are immediately and legally given to you the moment you create something. She took the photo, therefore creating a media, therefore she is given legal intellectual property rights. You do not write into the government saying, “I made this and I want to protect it.” Copyright is very different than Intellectual Property rights. Facebook is not private. Setting your profile to private still does not make it private. If you’re going to claim the site is private, so is this site. Nothing on the internet is private, and there is no way to prevent that.

 

Here is a website that gives a general gist of IP rights.

 

“This core set of IP rights reward and protect the creative works of inventors, authors, owners and sellers of goods and services in the marketplace.”

The OP is the owner of a photo. A photo she did not give explicit permission for an external site [NOT the one she posted the photo on] to use the photo to make a profit. The site, Tradsy, likely gets a cut of the profit of something sold. The seller is also making a profit (debatable) on the item sold.

Just because something is on the internet does not mean, “Oh gee, I can take this and use it to make money with no consequences!”

Intellectual Property rights are not a copyright. Nor are they a trademark or a patent. Everything that is created has IP rights. They are “god given” (so to speak in a legal sense) and anything on the internet is protected by IP rights. If I draw a picture of a monkey and put it on wedding bee, and somebody (off site for argument’s sake) uses it to make money, I can demand they take it down.

That monkey is mine and they are using it without my permission. It doesn’t matter if I put it on wedding bee, facebook, or etched it on the moon. Without my permission, it is illegal for them to use it to make a profit.–

Edit: A quick google search says that every photograph is also protected by Personality Rights, AKA somebody’s “copyright” on their own face.

“The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one’s identity.”

Using somebody’s face without permission regardless of where the photo originated is also against the law and a violation of personality rights.

Edit Edit: More to the point: “Personality rights are generally considered to consist of two types of rights: the right of publicity, or to keep one’s image and likeness from being commercially exploited without permission or contractual compensation, which is similar to the use of a trademark; and the right to privacy, or the right to be left alone and not have one’s personality represented publicly without permission. “

Post # 27
Member
2622 posts
Sugar bee
  • Wedding: November 1999

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@Hyperventilate:  thanks for the explanation!

Post # 28
Member
5398 posts
Bee Keeper

There’s a button beneath contact that says “report copyright concern.” I would try that if the contact form doesn’t help. Take it as a compliment!

edit: it says to contact abuse (at) tradesy.com for such issues 

Post # 29
Member
1744 posts
Bumble bee

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@Hyperventilate:  I find this discussion interesting in view of recent threads and various views about asking wedding guests not to post wedding photos on facebook. It seems that one part of the problem with using OP’s photo is someone else is using it to make money.  But if I’m reading through the lines correctly that isn’t the only objection OP has.  

Towards the end of your remark you mention right to privacy – as I read it I think you’re specifically discussing a part of commercial use but I’m not sure.   Is this right to privacy as you mention it linked specifically to commercial use or does it exist for non-commerical use as well? 

 

Post # 30
Member
9076 posts
Buzzing Beekeeper
  • Wedding: December 2012

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@fascinated:  IP and personality rights do protect against non-commercial and non-profit uses.

In a legal court (Example if she went to sue a website/company) it’s a bit more difficult to defend without explicit proof that the image is yours and you are not allowing them permission.

Taking the profit route protects her because there is no evidence against her that she signed a profit agreement (You let us use your image, we give you X dollars or whatever), the user of the image will be asked to produce the contract of which there will be none and it’s pretty much a standard, “Stop using the image or face the consequences.” (whatever that could be.)

But, yes. IP rights & personality rights absolutely do cover you in non-profit and non-commercial situations as well.

This person is clearly using her image to make money, so it’s a lot easier to say “This is super not cool.” especially since OP would not be seeing a penny of it.

Post # 31
Member
1744 posts
Bumble bee

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@Hyperventilate:  thanks.  So it like there may be two ways for the OP to proceed, and the most straightforward is the commercial use approach.  

Now, without trying to open up a big can ‘o worms … and understanding that this area must be a little grayer …  does the right to privacy in the non-profit arena relate at all to brides who do not want their image (photo’s taken by private guests) posted on facebook especially if they make that request know up front ?   I’d hope that no one would try to sue guests for posting pictures (actually I’d hope that guests would respect the brides request) but somehow I’m wondering if some of these issues between the two threads are tangled together.  

The topic ‘Help site using a pic of me obtained from WB……Asking for a lil advice!!!’ is closed to new replies.

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