The argument that personal Facebook uploads are 'non-commercial' does not hold water.

Any private individual who uploads personal photographs to a social media website will be affected, as most sites require users to warrant that their uploads do not not infringe the intellectual property rights of any third party. Anybody using social media to share even private photographs that include a modern building or streetscape within the view will be in breach of the warranty and will be at significant legal risk.

Also, many websites state in their small print that uploads are automatically licensed to the site owner under a worldwide non-exclusive licence for any purpose (even commercial). Uploaders will not be in a position to  grant such a licence, as they will no longer be the sole copyright owner of their own photographs.

The relevant clauses in the Facebook legal terms can be found here:  https://www.facebook.com/legal/terms


Michael



Jan Loužek
24 June 2015 14:07

He has to be convinced then that the commercial sharing is not as simple issue as it is believed by Svoboda.

 

https://wiki.creativecommons.org/wiki/Defining_Noncommercial Here. 18 MB of freading, cca 250 pages.

 

Jan

______________________________________________________________
> Od: Michal Palenik <michal@palenik.sk>
> Komu: Dimitar Parvanov Dimitrov <dimitar.parvanov.dimitrov@gmail.com>
> Datum: 24.06.2015 14:51
> Předmět: Re: freedom of panorama
>

i've contacted
ŠTEFANEC Ivan <ivan.stefanec@europarl.europa.eu>
with some mixed results.

he believes in press release by pavel svoboda
http://us9.campaign-archive2.com/?u=0519b32bd74df1cad7d02aa01&id=3d98dde117
which says that "of course, facebook photos are non commercial". which
i doubt.

but after a second email:

Každopádne je jasné, že presadzujem slobodu šírenia záberov okolia bez
obmedzenia a podľa toho budem aj hlasovať.

It is evident, that I acitvelly support
freedom of spreading of panorama photos without (any) restrictions and
I will vote according to this.

michal

On Wed, Jun 24, 2015 at 11:04:39AM +0200, Dimitar Parvanov Dimitrov wrote:
> I was offering Schaake (ALDE NL) one and she said she's rwady to coordinate
> if no one else wants.
>
> Perhaps you can ask then to either join her effort or to take it up
> themselves. Will send you the AM text, but Schaake still hasn't tabled it.
>
> Dimi
>
> На сряда, 24 юни 2015 г. Michal Palenik <michal@palenik.sk> написа:
> > hi, is the amendment for the plenary ready? I am contacting our MEPs..
> >
> > m
> > On Fri, Jun 19, 2015 at 10:01:58AM +0200, Dimitar Parvanov Dimitrov wrote:
> >> The amendment was adopted with a vast majority (EPP and S&D votes) by the
> >> JURI committee, so it is already in the text. We're now trying to get an
> >> amendment in for the plenary vote. This requires 75 MEPs to co-sign it.
> We
> >> need especially EPP ones to help it to send a message. If you could find
> >> some from SK, that would be awesome!
> >>
> >> As for a press release, the EN signpost article is very comprehensive:
> >>
> https://en.wikipedia.org/wiki/Wikipedia:Wikipedia_Signpost/2015-06-17/In_focus
> >>
> >> 2015-06-19 9:27 GMT+02:00 Michal Palenik <michal@palenik.sk>:
> >>
> >> > ok,
> >> >
> >> > just to clarify:
> >> > it is "just" a yet unvoted on ammendmend by a MEP?
> >> >
> >> > is there a good press release? i would not want it to by "yet another
> >> > stupid thing done by brussels bureocracy".
> >> >
> >> > michal
> >> >
> >> > On Thu, Jun 18, 2015 at 11:26:38PM +0200, Dimitar Parvanov Dimitrov
> wrote:
> >> > > Yes, I forgot to cc you in the main talk and you're probably not on
> the
> >> > > advocacy advisors mailing list. We need three things:
> >> > >
> >> > > -Media noise in each member state
> >> > > -MEPs from each country to co-sign an amendment proposal from plenary
> >> > > -Find coalition partners that can help us do the first two.
> >> > >
> >> > > I am putting Jan Louzek from WMCZ in cc. He's done an outstanding job
> >> > there
> >> > > to make noise and hopefully can help give WMSK some tips how we can
> do
> >> > the
> >> > > same in SK.
> >> > >
> >> > > Dimi
> >> > >
> >> > > 2015-06-18 23:20 GMT+02:00 Michal Palenik <michal@palenik.sk>:
> >> > >
> >> > > > hi
> >> > > >
> >> > > > there is a big big talk about freedom of panorama ban by european
> >> > > > parliament. are there any things we can do to avoid it? or is it
> just
> >> > > > panicing?
> >> > > >
> >> > > > ammendemt 421 by jean marie cavada
> >> > > >
> >> > > >
> >> >
> http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2F%2FEP%2F%2FNONSGML%20COMPARL%20PE-549.469%2001%20DOC%20PDF%20V0%2F%2FEN
> >> > > >
> >> > > > michal
> >> > > > --
> >> > > > michal palenik
> >> > > >
> >> > > >
> >> >
> >> > --
> >> > michal palenik
> >> >
> >> >
> >
> > --
> > michal palenik
> >
> >

--
michal palenik

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