anyway, can read this thread by Darren for a better idea:
IPOS Links on Copyright
This is very ridiculous for SPH to do so, even with your Big copyright mark there, they still did take it and print it. Seeing this, I should not make my watermark opacity 20percent already, jsut need to put 100percent to prevent this kind of nonsense.
Which chinse newspaper isit ? Do update us.
It's LH wan bao.
bro if you need lawyer fees start paypal a/c everyone will donate to your cause !
... at least i will
Well, if SPH dare to do that kinda stuff, they are already well-prepared for any consequences.
Moreover, there is no lawful copyright registered by Greensky1. Like shooters in other countries, they sell such copyright services by law firm for your images.
That's why many people think the internet is a place where you can upload any thing on it. Once it has been 'virtually robbed' then its your tough luck.
I ever read one article from one of the photography mags for such similar cases in UK:
This guy shoot and upload his image onto the internet - not sure which website. And he upload it in full resolution...that's it!! One of virtual robbers just download his image and sell it over the internet.
He tried to contact that robber but to no avail because 1) no copyright register for his image, 2) no watermark, and 3) stupidly he upload in full resolution (for web, 72ppi is suffice).
However, Greensky1's case is something to learn from. Just be more careful the next time you upload your image anywhere in the internet.
Greensky1, you still can try to push further with SPH, but unlikely you will get what you rightfully own. However, maybe there might be some miracle and kind soul from SPH to help.
Capture life moments...from the heart...
Im not saying whether you can or cannot sue, take legal actions against SPH or whoever that used unauthorised pictures without permission.
As some of the bros already mentioned that why would they make such a mistake given that they have been in the business for such a long time....
The key is facebook. Do note that it is stated under the terms and condition of FACEBOOK that any PICTURES posted on facebook belongs to facebook.
There was one T&C that i have read before that stated clearer but apprently i only found the following.
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
then ask SPH if they have the right to use the pictures and get them to product a written document saying the Facebook has actually granted permission for them to use your picture.
2.Sharing Your Content and Information
You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:
and anther one from Facebook Help center here
Do I retain the copyright and other legal rights to material I upload to Facebook?
Yes, you retain the copyright to your content. When you upload your content, you grant us a license to use and display that content. For more information please visit our Statement of Rights and Responsibilities, which contain information about intellectual property, as well as your privileges and responsibilities as a Facebook user.
1st they say you retain the copyright to your content,
Then they say you grant us a license to use and display that content
Anyone care to explain from the legal aspect?
just shot an email to SPH to come into this thread to hear their version of the story
ooops, just saw another clause in Facebook:
4.When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
In other cases, fair dealings for the purposes of criticism, review or reporting current events would not constitute copyright infringement. In the case of criticism or review and the reporting of current events in a newspaper, magazine or similar periodical, a sufficient acknowledgment of the work is required.