Towards the end of last month, the British Brands Group (BBG) launched a major study into consumers and packaging which, while he was juggling with lots of other issues, this Kat managed to let fall completely from his line of vision. As the BBG explains, "the study is in three parts and is wide ranging". The three are as follows:
- “Packaging in a market economy”, Research by Norwich Business School into the consumer, competition and economic importance of packaging.
- “The effect of branding on consumer choice”, Original consumer research from Mountainview Learning on how branding helps shoppers notice and recognise products, and the disruption caused when brand size is reduced or products are similarly packaged.
- “Confusion, heuristics and the consumer”, a study from law firm Speechly Bircham on how consumers use heuristics in their decision making, how the effect of heuristics may be measured and how judges may use behavioural science to identify and quantify, predictably and reliably, whether shoppers are confused by products that mimic the packaging of familiar brands [Merpel says, if you have ever fancied getting grown-up words like 'heuristics' into your cocktail reception chat, this is the one for you!].
Facebook Flying Squad -- ready to tackle erroneous episodes of copyright ... © Paul Tansley Photography 2012 |
"I wrote a post on Facebook recently about Facebook and the copyright issue of images posted on it [which you can read in full on Paul's Facebook page here]. A week or so earlier, I'd posted up some images and some friends (and one acquaintance) used the images as their profile pics or cover pics. I pointed out to them that they had no right to do, since I -- and not they -- owned the copyright as the photographer. They could of course ask me to allow them to use them. Which of course I did.
This then brought up a few people saying that Facebook owns the copyright of all images posted to it. From my quick look around a few sites, this is not the case. You issue them with a royalty-free licence, so that they can legally display the images. But at no point do you hand them copyright. And the licence, although transferable by Facebook if they so chose, has not actually been transferred to the end user".Thanks Paul, for your observation. The IPKat concedes that the internet makes things tougher for photographers than for many other 'creatives' since, unlike the music industry, the visual arts have fewer possible business models with which to experiment and their work, once separated from their name, circulates easily and is hard to keep track of.
The facebook terms of use re IP are not exactly crystal clear. What would be the interpretation of 2.4, i.e.
ReplyDelete"When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture)."
This in its broadest reading seems to give everyone carte blanche to use the images as they will.
EdT
Further, as a user setting a profile picture, one is merely causing Facebook to perform certain actions, which it has a license to do. Paul is thus wrong that his permission is required. Using them outside Facebook is, however, another matter.
ReplyDeleteI also thought the matter was not quite as clear as Paul Tansley thought. When a user makes use of material on a site like facebook, that is also on the site, who needs the licence, facebook, the user or both?
ReplyDeleteThe facebook terms do seem to envisage re-use by other facebook participants and do seem to give a licence to facebook to permit it.
The moral, I think, is not to post on facebook photographs which you do not wish to be re-used on that site by other users.