Hi all.

A watch dealer with an Instagram representation reposted one of my images yesterday (with credits) as the watch was on a strap that they sell (I didn't buy it from them).

Can they do that? Is this "fair use" or are there just nothing that prohibits companies from doing this?

 

They definitely cannot do that. That is not fair use and not legal.


https://www.nytimes.com/2015/09/21/...-use-of-their-fans-photos-draws-scrutiny.html

Edit: This is not as clear as stated above if they used the repost feature. It is still not legal as far as I've been advised, unless permission has been given from the author.

 

I agree, they should ask you first. But since the used the repost feature, at least you got a notification and if you're not okay with it can request them to delete it.
To me Instagram is pretty much built around "stealing" your pictures. So I usually only post pictures on there were it wouldn't bother me if somebody reposted them (which has never happened to me).

 

They should at least give you a strap for payment...

 

Your such a influencer @ConElPueblo

It’s on the internet, it’s free

 

Except all the ads and the data mining.

 

The other perspective on the situation is that you gained some visibility through the credit. Maybe even some followers.

 

Or maybe a stalker or two...

 

Do you give up your rights to instagram by posting there?

 

This might have been true back when the internet was used primarily for sharing home made MIDI files and poorly lit porn.

The fact that something is digital (reproduceable) or on the internet should not determine if it’s free or not.

 

I thought if you posted on IG then they own the photos, not you.

And they give permission to re post. not you.

 

J Lo sued for $150k for uploading a pic to Instagram that she didn’t own:
https://www.slrlounge.com/recent-photo-uploaded-jennifer-lopez-150000-lawsuit/
So it can be expensive being an influencer, or just casually uploading stuff without checking first

 

That is not true.

In this case @ConElPueblo is the copyright owner.
This is taken from Instagrams own FAQ:

As the copyright owner, you have certain rights under the law to stop others from copying or distributing your work, or creating new works based on your work. Copyright infringement generally occurs when a person engages in one of these activities without the copyright owner’s permission.

For example, when someone else uploads your photo or video, they made a copy of that photo or video. The same is true if someone uses a song in the soundtrack to a video, even if they paid for a copy of that song on another service.

If you own a copyright, you have the right to grant permission to use your copyrighted work as well as prevent other people from using your copyrighted work without permission.

 

AFAIK - if you are paying to host the image on the internet’s you might have a case - using someone else’s service to upload and store the image... not so much

 

You can always file a copyright complaint for whichever posts you don't like that use your image. Here is the link to the form. Just fill it in https://help.instagram.com/contact/552695131608132
I've done it numerous times and instagram took down the post within 48 hours.
Some accounts that kept on being reported can even be shut down by instagram permanently.

 

Times article tells you all you need to know.

 

thanks

You have just ended hours of debate in our household. (I know, we could have googled!)

 

You're welcome. but I sure hope you find another good topic to debate.

 

Well I never! Thanks for clarifying!

Is there anything ‘special’ that needs to be done to copyright work? Or is it as simple as - I took the image - I now own the copyright?

 

I don’t want to make it sound like I’m a copyright layer, but from what I have understood yes.

Also from Instagram:
In general, the person who creates an original work owns the copyright in it. For example, if you create a painting, you likely own the copyright in that painting. Similarly, if you take a photo, you generally own the copyright in that photo.