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Question about copyright infringement

7 replies

twentytimes · 21/03/2019 11:44

My dsd has a fan account on instagram for a celebrity.
She posts various photo's of them, normally editing them in some way but she hasnt taken any of these photos herself which she has written in her bio, she just finds them online.

A paparazzi/photographer sent her screenshots of a few of her posts containing images copyrighted by him saying if they aren't removed within 24hours he will take her to court and she will be fined up to £10,000. He said the same applies to every one of her photos which are owned by someone else if she hasn't taken them.
Her account is set up to only accept messages from people she follows so she wasn't notified about this message and DP hasn't opened it until this morning. He has deleted those photos from the account and sent an apology to the man.

Do we just need to delete the whole account? Or is there any way dsd can post these sort of photos without breaking copyright rules?

OP posts:
Tomtontom · 21/03/2019 11:52

In what way is she editing them?

There's nothing unlawful about sharing pics that you might find on a newspaper's website (for example), as long as you credit them accordingly. However if you're editing them and claiming the work to be your own then you're getting into a grey area.

I'd be inclined to delete the page. As well as the copyright issue it's the kind of thing that can attract weirdos looking to talk to girls. More hassle than it is worth.

Supersimpkin · 21/03/2019 11:56

No, dsd can't publish other people's work without paying for it - caught or not, it's copyright theft. 10k is a silly amount to ask though.

Take the pix off - edited or not - and put something original on.

ShatnersWigIsActuallyAMammoth · 21/03/2019 12:06

10k is a silly amount to ask though

The photographer isn't asking for that amount. He's telling them that that is the fine they could be subject to. And he's absolutely right.

Delete the page.

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BarbaraofSevillle · 21/03/2019 12:10

The maximum penalty for copyright infringement is actually £50k or six months imprisonment, but I doubt they would apply such a penalty to a teenager who has no clue is doing wrong, isn't doing it for financial gain and isn't being malicious.

But no, she can't use other people's work like this. She could buy the images from Shutterstock etc, but the terms of use may prevent her being able to edit them.

ShatnersWigIsActuallyAMammoth · 21/03/2019 12:11

@Barbara Exactly, but there have been quite a few cases lately of photographers going after people and £10k seems to be the going rate for most disputes.

twentytimes · 21/03/2019 12:25

Okay looks like we will just be deleting the account.
Most of the images she posts are old (late 90's-early 2000's). So the most recent photo she posted was of a magazine cover from 2001, is that still breaking the rules? What about when she repost's images the celebrity themselves has posted?
By editing I meant sometimes edits a collage of several photos, makes the background black and white or white or puts lines/emojis on the image.

OP posts:
ShatnersWigIsActuallyAMammoth · 21/03/2019 12:34

So the most recent photo she posted was of a magazine cover from 2001, is that still breaking the rules?

YES. You can't reproduce someone else's work and not credit it. And you can't make use of someone else's work like that, whether you call it editing or not. Just take it all bloody down and stop trying to find ways around it. It's a form of theft.

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