Threaded Mode | Linear Mode

Jordan · 11-09-2012, 07:42 PM

My nephews father printed pictures of him that he stole from my sisters Facebook, he gave up all legal rights and dosn't pay child support. This guy dosn't make any attempt to be a father. Technically any picture taken is copy righted soon as it is created, so it should be copyright infringement. This guy has been stalking and harassing my sister and her kids for over a year.

David James · 11-09-2012, 07:50 PM

No, if they are sharing it on the web its anyones. You have to be friends with them though.

thren0dy · 11-09-2012, 07:50 PM

I don't know that it would be "copyright infringement" unless he is trying to pass the photos off as his own or trying to make a profit off them. Yes, any photo is technically copyrighted to the person who took them, but you're going to have a tough time getting anything out of someone just for printing out some photos in court.

So the answer is no, not really "illegal" what he's doing. Not enough so that you can sue or anything, unless he tries to do the above.

Also, just because someone puts something on the web it's not "anyone's." Go ahead and try to sell some famous artist's art or other work and let me know how that goes.

bootie · 11-09-2012, 07:50 PM

YES its illegal, unless you got permission to copy or use it from the owner of that photo!

Tim · 11-09-2012, 07:50 PM

I'm not 100% sure on the laws in Canada, but since Canada is a member of the Berne Convention, I am assuming that the laws are similar to other member nations.

In the U.S. it is completely illegal. It is called copyright infringement any time you use a photo for any use that you did not haver permission for. You could potentially sue someone for copyright infringement, however in that regard, it is a lot more difficult to sue someone in the Canada than it would be in the U.S.

Kazi Riasat · 11-09-2012, 07:50 PM

If the picture is someone's intellectual property and i you print and publish that pic anywhere then it is surely illegal, otherwise I don't think that it is illegal..

B K · 11-09-2012, 07:50 PM

If your sister took the picture, she owns the copyright. So, printing someone else's images is illegal in most western countries, including here in the UK. I expect it's the same in Canada.

Proving that he did it will be the clincher though.

clayjar_azn · 11-09-2012, 07:50 PM

Technically it is illegal, but to enforce it would be difficult. If she doesn't want him to print pics, then she shouldnt post them. Also only Friends can see her pictures so why don't she unfriend him.

Wine Country Girl · 11-09-2012, 07:50 PM

Since I am only hearing one side of the story I am not going to act as though I know the full story. IF there truly is harassment, the first thing that should be done is a restraining order. Secondly, her Facebook should then be turned PRIVATE or she should NOT post pictures of her children. With these two things NOT happening, she seems to be open and welcome to the "issues".

How do you know he printed pictures? Can you prove anything? What if someone gave him the images? Just because he gave up rights and doesn't pay child support doesn't mean that he is not their father.

While yes these images are technically copyright protected, you may have a hard time proving anything if other people were given free access to images. IF your sister has NEVER ever, even once, given out free images, then maybe you would be able to sue. BUT for the most part copyright infringement has to do with causing you to lose money based on someone stealing your image instead of purchasing it OR claiming it as their own.

He is their father. He wants some pictures. I COMPLETELY sympathize with him in this situation. I have a friend that was cut off from his children. He had some issues, got help, and wanted to see his children. Had a court order and everything. The mother refused. So yes, he has taken pictures of them off the internet. So he could see what they look like. At first I thought it was a crazy situation, but then I found out more and more about the lady, she wouldn't even let his family come to their wedding, and she wouldn't let him tell his family that they were having children. SO I completely support him trying to reach out to his kids, and have a picture or two (that was STOLEN off the internet). Just because the mom has the kids the majority of the time does not give the mom the right to cut the father out of their children's lives.

bcnu · 11-09-2012, 07:50 PM

Yes, the photos are copyrighted by the photographer (or photog's employer) and they are apparently posted online with the photographer's permission, making an implied license for anyone in the universe to download and view a copy for their own personal use, but NOT to print copies, upload anywhere else, or display them in public. Those rights are reserved for the copyright owner and his or her licensees.

The copyright owner can, in fact, sue for copyright infringement damages and injunction. If it is in the USA, the copyright can be registered and any infringement occurring after that registration can trigger "statutory damages" of up to $150,000 for each photo infringed.

Since 1999, infringers in Canada could be liable for statutory damages of up to $20,000, plus possibly punitive damages. Copyright Act R.S. 1985, c. C-42 Section 38.1, as amended. The Canadian copyright either needs to be registered or it must be shown that the infringer was actually aware of the copyright and the infringing nature of his use.

Send him a letter by "registered mail" with notification of the copyright and the infringement, with an order to cease and desist from these violations or to reply with any possible justification.