Photos of daughter being used

New Here ,
Mar 25, 2022 Mar 25, 2022

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I need to speak to someone using my photos of my daughter without my permission 

 

 

[Branched from unrelated thread by moderator. Subject renamed for clarity.]

 

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correct answers 1 Correct answer

Adobe Community Professional , Mar 26, 2022 Mar 26, 2022
@Samantha23760557nqn0 wrote: I need to speak to someone using my photos of my daughter without my permission 
This forum is for questions about how to use Photoshop. We are asked not to address legal issues. You might want to talk to a lawyer or law enforcement. We cannot assist on this forum. Jane

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Adobe Community Professional ,
Mar 25, 2022 Mar 25, 2022

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This is a user-to-user application support forum, we cannot help with your issue (and beware of scammers who may contact you).

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LEGEND ,
Mar 26, 2022 Mar 26, 2022

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if you posted that photo on social media [like Facebook] then you don't have any claim to copyright for it

 

without more details we can't give you any useful advice

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Adobe Community Professional ,
Mar 26, 2022 Mar 26, 2022

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That is not true. You retain copyright for your images. Posting on social media requires you to grant a licence to the platform for their use and redistribution, but a third party still cannot download your image and use it for their own purposes without your permission.

 

Dave

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Adobe Community Professional ,
Mar 26, 2022 Mar 26, 2022

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That's right. Copyright is automatic in all scenarios and the medium is irrelevant:

 

https://en.wikipedia.org/wiki/Berne_Convention 

"Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration. However, when the United States joined the Convention on 1 March 1989, it continued to make statutory damages and attorney's fees only available for registered works."

 

Of course, internet publishing is much more difficult to monitor and enforce, which is why Creative Commons licensing is increasingly used on the web. But unless specific CC licensing is imposed, standard copyright applies.

 

What I don't know is how much of the copyright social media require you to sign away. For that you'll have to read the terms and conditions with a magnifying glass. In any case, I would imagine that the responsibility for basic "portrait"-protection (everybody has copyright to their own portrait, with exceptions) lies with the poster, not the platform.

 

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Adobe Community Professional ,
Mar 26, 2022 Mar 26, 2022

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"if you posted that photo on social media [like Facebook] then you don't have any claim to copyright for it"

 

Here's what Facebook Help has to say about copyright — including how to report infringement.

https://www.facebook.com/help/1020633957973118

 

Jane

 

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Adobe Community Professional ,
Mar 26, 2022 Mar 26, 2022

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@Samantha23760557nqn0 wrote:

I need to speak to someone using my photos of my daughter without my permission 


 

 

This forum is for questions about how to use Photoshop. We are asked not to address legal issues. You might want to talk to a lawyer or law enforcement. We cannot assist on this forum.

 

Jane

 

 

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LEGEND ,
Mar 29, 2022 Mar 29, 2022

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@davescmshe didn't actually say it was her photo... just that its an image of her kid

 

people tend to assume rights they don't actually have when it comes to copywright... at best her daughter may be able to ask for an images removel and if she is underage [depends on the county] it may or may not be true that they need a mum or dads permission but thats not always true. without actual details this is just pointless

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