Using other peoples information/pictures?

[exploringall]

Does anyone else think its a little out of order to go through their 'friends' photos on sites like facebook and put them as their avatar/send to other people/etc. I just saw the number of posts encouraging people to do so and thought...if I had never heard of this site and I somehow stumbled upon it only to find a picture of myself associated with posts/threads/dares/etc. how freaked out/worried would I be?

I mean imagine finding out that someone you know had been using a picture of you whilst describing themselves as a crossdressing sissy or a piss slut or an anal whore...

Is it in the t&c to not use photos of people other than yourself (obviously difficult to verify)?

[RiskyFlame]

70 Views and no reaction, though; 10 of those are mine.

I would love to hear other people's thoughts on this as well. Personally, I agree with exploringall. I am against the Facebook (person above) dares but I am unsure whether they should be disallowed or left alone. One thing is sure, though, and which I take action against, is when such (Facebook/social media) pictures are posted publically on getDare. Like exploringall said, there is quite a percentage of people that doesn't want to be associated with websites such as getDare or any kinky website for that matter. But it's a bit more complex than this because if pictures can already be found all over the internet (reversed image search) then why wouldn't the images be allowed on getDare? As long as you don't claim to be the person, unless you actually are the person, obviously.

The most difficult part is to verify whether the pictures are indeed of someone else, let alone verifying whether that person cares about the postage of their pictures. But let's make it simpler by agreeing that nobody ever gives consent to anyone to post them somewhere. Then it's still difficult to verify whether the pictures posted or used in an avatar is taken from Facebook because reversed image search (on Google) doesn't display Facebook images when they are not accessible by not-logged-in guests. (right?) Moreover, it's impossible to check each and every image or avatar on getDare.

So what do others think of Facebook pictures on getDare? I wouldn't like my picture on a website that promotes something I dislike or am strongly against. But even if this were the case, I don't think that someone would discover it and even if they did, I can just say that it isn't I on that website.

By the way, claiming to be someone you're not to gain something results in an infraction. Especially when the actual person in the used imagery explicitly says that they don't want their pictures used on getDare, which happens a few times before. Even if they have over a thousand posts. (true story )

I remember that there was such a discussion as this one in the past, but I couldn't find it.

[mariell]

Using someone else's photo without license and consent is almost always illegal. Firstly it's a violation of the photographer's rights (copyright law) and secondly it's a violation of the person's personal rights. Some countries do have special laws that prohibit usage of photos of persons without their consent, like a couple European countries.

Many people would probably stop using such photos, when they would know there's a risk to get a damage claim of a few thousand Euro/Dollars per photo. Yes, that's about the amount of money a court would typically make you pay for a single, unlawfully used photo, no matter how small it is. If you have used more photos, that quickly adds up. A court can issue orders to obtain your IP address from the log files of this web site and ask your ISP for your residential address because they keep logs to when somebody used what IP address. So in theory you can get caught.

Oh, and just because you upload photos to Facebook doesn't mean you give anyone the right to use it. No, you only allow Facebook to use it and that's it.

[LitDarkness]

Honestly, I agree with you. I would've been freaked out if I never heard of the site (and I also would still be freaked out now.)

I don't want my pictures associated with this site. Pictures are a private, personalized thing to me.

I would be disturbed, angry, and pissed.

I hate those facebook person above posts as I find it a huge consent violation. Honestly, if I had my way, I wouldn't allow them but, I'm not the person who chooses that.

So I don't participate in those.

[exploringall]

Glad to know I'm not the only one who thinks its a bit unethical (for want of a better word). Though posting pictures on social media is still risky, most people in my experience make a good attempt at setting their privacy so only their friends have access to photos. You kind of trust them in the same way you trust people not to share your phone number or email address!

Tangentially, it is slightly cowardly as well. I doubt half the people who sign up to these things and follow through with it would ever let their own pictures be used in that way.

[cariadferch]

Originally Posted by mariell

Using someone else's photo without license and consent is almost always illegal.

Doesn't this also apply to any form or artwork, not just photographs?

I have wondered about this too. If strictly enforced I would guess 95% of pics on here are illegal if they require direct approval. I confess I have pictures on here that are probably not proper (though not taken from private sites, like facebook).

Can you post/link to a picture you simply like? I know there is much debate about how to update national and international copy-right laws and public domain issues, but I don't know the details.

[iSpuds]

I'm not around much so I haven't seen any such threads, myself (and this is my first time seeing this thread) but the idea of using others' photos without their express consent is 100% skeevy as fuck. Even as someone who associates with this site I would be furious and feel like my privacy had been imposed upon. Whether privacy on the internet is real or not, that doesn't give you carte blanche to do whatever you like with other people's photos and intellectual property. There are laws in place to discourage that. And I would most certainly report whomever did it for sexual harassment/cyberbullying, because that's what it is.

Mod-wise, there's hardly any way to keep people from using their friends' facebook photos as their avatars without going through each account and reverse-searching their avatar/profile pictures, but that doesn't stop the rest of us from making our opinions known when we see that kinda shit.

[mariell]

Originally Posted by cariadferch

Doesn't this also apply to any form or artwork, not just photographs?

I have wondered about this too. If strictly enforced I would guess 95% of pics on here are illegal if they require direct approval. I confess I have pictures on here that are probably not proper (though not taken from private sites, like facebook).

Can you post/link to a picture you simply like? I know there is much debate about how to update national and international copy-right laws and public domain issues, but I don't know the details.

This applies to all artwort.
After certain time spans the copyright ends and the work will enter into the public domain and can be used by everyone for every purpose (even commerically). There are some variation and I'm not sure which law applies, that of the country you live in or that of the country where the artwork is used (e.g. the place where the web servers are)? Or the country the author lived in? Or the country where it was first published? I'm not so sure.

Often the artwort is protected for the life time of the author(s)/creators(s) +75 or 90 years. The individual who lived longest is the reference if more than 1 person created the work. And often the copyright endures a bit longer until, in concrete until 1st January of the following year. Example: the work is published 1940. The author dies on 3rd Mar 1942. The work is protected for 75 years, so it should become public domain on 4th Mar 2017. But in fact you have to wait until 1st Jan 2018 until it's free to use. Details depend on the country's copyright law of course.

Well, the avatar I use is for example long in the public domain. Google for example by the author's name "Hokusai" to get more of his paintings, that are all in public domain.

You could use Google's advanced photo search or other sites' (like Flickr...) to filter for usage terms. In theory you could use artwork licensed under creative commons terms for avatars, but usually you either need to cite a source or give the name of the author somewhere (luckily it's often sufficient if this information is stored in the image meta data).

And by the way if someone photographs a painting which is in public domain, the photo itself can be protected again. Unless it is made in a trivial way. That means if it's a simple photo, showing only the painting, with usual exposure than everything's fine. But if the painting is part of a still life, maybe with some object in front, the photo is a new work of art and therefore protected, so you cannot use it freely. Or if the painting is illuminated with a strange coloured light, or extensive photo editing is done, and so on, then it's protected too.

So in summary if you use photos or scans of paintings of long dead artists that show nothing but the painting in a clear way you can use it.

Best is always if you make photos yourself. But maybe remove your name from the meta data before uploading it, if you want to stay anonymous, and if your camera stores that in your photo. Mobile phone cameras could potentially include personal information in the photo meta data.

[cariadferch]

Originally Posted by mariell

So in summary if you use photos or scans of paintings of long dead artists that show nothing but the painting in a clear way you can use it.

Best is always if you make photos yourself. But maybe remove your name from the meta data before uploading it, if you want to stay anonymous, and if your camera stores that in your photo. Mobile phone cameras could potentially include personal information in the photo meta data.

Wow, thank you for such a comprehensive answer. It is greatly appreciated.