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Administrator uses student’s bikini photo in Internet safety seminar
It seems this young lady posted a picture of herself in a bikini on her facebook page, and thought only she and her friends could see it. Well, not true, it was open to EVERYONE.
So, the school used it to prove a point about social media...
Quote:
ATLANTA —
To prove a point about the risks of social media, a local school administrator presented a photo of a bikini-clad student at a district wide seminar.
I'm totally confused since there is nothing wrong with a pic of a17 year old in a bikini (really, there isn't. Even Annette Funicello thought so) but something creepy about a middle aged administrator of her school district seeking out pictures of 17 year old girls in bikinis and using them as entertainment. It's not like she had a "sex tape" that she posted on facebook thinking nobody would see it but, opps.....
How I wish that people understood that if you post something on social media, it CAN be used against you, whether it's by a school, an employer, disability fraud inspectors, insurance companies or the government. It's a given.
Copyright infringement - but $2 million is excessive to say the least.
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It's not copyright infringement.
While I see nothing wrong with a young lady in a bikini, people just don't realize, it's now out there for the world, including creepy middle aged people, to do with whatever they want..
You may be shocked to find out that once you post on these sites, that although you still “own” the photograph, you grant the social media sites a license to use your photograph anyway they see fit for free AND you grant them the right to let others use you picture as well! This means that not only can Twitter, Twitpic and Facebook make money from the photograph or video (otherwise, a copyright violation), but these sites are making commercial gain by licensing these images, which contains the likeness of the person in the photo or video (otherwise, a violation of their “rights of publicity”).
While I see nothing wrong with a young lady in a bikini, people just don't realize, it's now out there for the world, including creepy middle aged people, to do with whatever they want..
There's actually quite a bit of disagreement on that which I suspect case law will decide in coming years. My point is that is her only leg to stand on.
Fair use. Nothing creepy about it. Trying to use as an example. Should have blurred the face in my opinion but did not have to.
Can't claim privacy or such when you publish it publically. The only action would be copyright and that will likely lose on a fair use educational basis.
While I see nothing wrong with a young lady in a bikini, people just don't realize, it's now out there for the world, including creepy middle aged people, to do with whatever they want..
Unless Facebook granted this administrator license to use the photo for this seminar (which I highly doubt they did), then it still is copyright infringement.
As to her lawsuit, I don't for a minute buy the argument of being damaged due to embarrassment. I mean, the picture shows her clad in a bikini in public. If she's walking around exposing herself in a bikini-clad state to the public, where's the harm in a picture of her in a bikini-clad state being shown to the public?
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