That’s something I was worried about when I first asked that question.
If I’m saying “I would like to show my family or friends how I think you would look as a person from your life” – that’s a copyright. If I’m just saying “I don’t want to see your face anymore, but I have to see your picture somewhere” that is just a non-copyrightable personal observation.
The trouble comes in the definition. If I am trying to write a story with my wife or my dog, and we are out for a walk on a sunny day, would I go on Twitter and write, “My wife took this photo and wrote on Pinterest that it should be sold”? Of course, I would. And even if Pinterest or Instagram took away the photo right away, I would keep the idea of her as my wife, who I have had a lot of adventures and experience with. My wife is my intellectual property, and my photographs belong to her, not to me. I also do not want her using my work in anything to make an income from selling it, so I would want to get permission, or sell it to someone else that had obtained it for free.
So how does that apply to someone that is selling a picture of themselves for an ad? How does that apply to a business like that, which is trying to sell things on Pinterest? They are both non-copyrightable in their own minds.
So is there a better way for businesses like this to get around this? Or are they going to have to be legal just to survive?
A more sensible solution is for advertisers to pay for an advertising network to take over their business and make money on the back of their pictures, without a copyright on them. This usually involves taking out a loan or selling part of their company, but we know that’s not enough on its own. It’s not worth it to be on social media sites by themselves, and we want to be able to make our own videos or photos.
So the next time you see someone taking a photo of themselves or a business like that and using it on Pinterest, make it clear to them that they aren’t allowed to publish the photograph, unless they get permission.
Do you think there should be more legal restrictions when businesses go into Facebook, Instagram or anywhere else that might require photos from the photographer in a photo collage and are trying to sell a product?
What about when we’re talking about
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