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Can I be sued for a photoshopped picture and that I posted on facebook? - Printable Version

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Can I be sued for a photoshopped picture and that I posted on facebook? - Jonah - 12-09-2013 03:22 AM

I heard that I you get a photo with a copyright off of google, photoshop it and post it on facebook you can be sued. Is this true and what law makes it true?


- Anurag - 12-09-2013 03:23 AM

You will not be sued because you haven't used the image commercially instead you have only posted on Facebook. You would be sued if and only if you would use it commercially.


- Westward Wind - 12-09-2013 03:33 AM

If you're linking to a page and the photo comes up automatically on your Facebook page, you should be OK. But if you copied it and uploaded it to your site, it's a different issue. Contrary to what many people think - the use of ANY photo can be considered copyright violation unless you have the express permission of the photographer or originating website to use it.

Many professional photographers use a "Digimarc" for their photo. This is, in essence, a "branding' that appears with MetaData - the timestamp, photographers name and other information. Digimarc can then track anywhere that photo is used on the web. If someone 'right clicks' and saves it - then uploads it to their own website, facebook, etc - they can track it. Usually it results in a "cease and desist" (meaning they simply ask you to take it down).

However - and this is the VERY dangerous part most people don't consider --- There's a company called "Righthaven" that buys the rights to photos from news organizations. Then they scour the net looking for the photo, and sue anyone who has used it without permission. They usually sue for $150,000 per incident - and "forfeiture" of the violator's website. What they usually end up doing is 'settling out of court' - for an average of $5,000 per violation....

http://www.vegasinc.com/news/2011/feb/01/tsa-pat-down-photo-draws-more-righthaven-copyright/