Facebook profile ripping?
May 27, 2011 1:18 PM
A third-party website has created a "profile" for me on their own site, using my main Facebeook picture, which turns up on the first page of Google hits for my full name. It seems to be some kind of cheesy dating site and I really don't want it up there. I've never used the site, or interacted with it in any way (I don't use any FB apps at all, and am savvy enough not to click on spammy links). Do I have any recourse for getting this taken down?
Oh, better yet: send the DMCA notice to the site's hosting service.
posted by orthogonality at 1:22 PM on May 27, 2011
posted by orthogonality at 1:22 PM on May 27, 2011
orthogonality: "Then send the site a DMCA takedown notice."
I'm pretty sure this is not a scenario that DMCA covers. It's not a generic copyright law. Besides, uploading that pic to FB grants them full usage rights to that photo. You'd have to get FB on board with any infringement claim.
Is your FB profile set to allow a public search profile? Turn that off.
posted by mkultra at 1:27 PM on May 27, 2011
I'm pretty sure this is not a scenario that DMCA covers. It's not a generic copyright law. Besides, uploading that pic to FB grants them full usage rights to that photo. You'd have to get FB on board with any infringement claim.
Is your FB profile set to allow a public search profile? Turn that off.
posted by mkultra at 1:27 PM on May 27, 2011
If it's an Italian-based dating site, you're not alone.
The site was shut down (although who knows what's still in Google's cache.)
posted by sardonyx at 1:49 PM on May 27, 2011
The site was shut down (although who knows what's still in Google's cache.)
posted by sardonyx at 1:49 PM on May 27, 2011
No, it's actually www.kipporating.com. Doesn't seem to be a dating site per se, but some kind of knockoff "hot or not" thing. I can't find any email address anywhere on the site to complain to. Anyone know how I can actually contact Facebook, rather than just clicking to report a generic violation?
posted by decoherence at 2:03 PM on May 27, 2011
posted by decoherence at 2:03 PM on May 27, 2011
Besides, uploading that pic to FB grants them full usage rights to that photo. You'd have to get FB on board with any infringement claim.
Only if Facebook licensed the photo to the third-party website.
Send a DMCA takedown notice to kipporatings.com's hosting provider.
posted by orthogonality at 2:30 PM on May 27, 2011
Only if Facebook licensed the photo to the third-party website.
Send a DMCA takedown notice to kipporatings.com's hosting provider.
posted by orthogonality at 2:30 PM on May 27, 2011
I'm pretty sure this is not a scenario that DMCA covers. It's not a generic copyright law.
What exactly do you mean, that the DMCA does not cover photos? And anyway the main point of DMCA takedowns is that no court ever hears the case and you don't really have to prove anything, the ISP is just supposed to take down the content unless the user counters it.
Besides, uploading that pic to FB grants them full usage rights to that photo. You'd have to get FB on board with any infringement claim.
When you post a photo to Facebook, you are not transferring your copyright to them. You are granting them a (very powerful) license for them to do basically whatever they want with it. But you still own the copyright and are the copyright holder. The only way Facebook would get involved is if they sold the license of the photo to this shady site, which is unlikely.
posted by burnmp3s at 2:33 PM on May 27, 2011
What exactly do you mean, that the DMCA does not cover photos? And anyway the main point of DMCA takedowns is that no court ever hears the case and you don't really have to prove anything, the ISP is just supposed to take down the content unless the user counters it.
Besides, uploading that pic to FB grants them full usage rights to that photo. You'd have to get FB on board with any infringement claim.
When you post a photo to Facebook, you are not transferring your copyright to them. You are granting them a (very powerful) license for them to do basically whatever they want with it. But you still own the copyright and are the copyright holder. The only way Facebook would get involved is if they sold the license of the photo to this shady site, which is unlikely.
posted by burnmp3s at 2:33 PM on May 27, 2011
Besides, uploading that pic to FB grants them full usage rights to that photo. You'd have to get FB on board with any infringement claim.
Why? Facebook has the right to use their copy of your photo. So legally they could give your photo to these guys (if they were crazy enough to do so), that doesn't mean you don't still have rights to the picture though.
The DMCA applies in this case, and you can indeed send a takedown notice to their hosting provider.
The hosting company in this case is GoDaddy.
Scroll down to B. Copyright Claims for GoDaddy's copyright infringement claim notification policy
posted by atrazine at 2:41 PM on May 27, 2011
Why? Facebook has the right to use their copy of your photo. So legally they could give your photo to these guys (if they were crazy enough to do so), that doesn't mean you don't still have rights to the picture though.
The DMCA applies in this case, and you can indeed send a takedown notice to their hosting provider.
The hosting company in this case is GoDaddy.
Scroll down to B. Copyright Claims for GoDaddy's copyright infringement claim notification policy
posted by atrazine at 2:41 PM on May 27, 2011
What exactly do you mean, that the DMCA does not cover photos?
I think mkultra meant that the DMCA covers circumventing DRM, rather than any and every copyright issue. However, it also covers circumventing access controls, which might be more than relevant here (i.e., if any access controls were circumvented along the way).
posted by matlock expressway at 3:14 PM on May 27, 2011
I think mkultra meant that the DMCA covers circumventing DRM, rather than any and every copyright issue. However, it also covers circumventing access controls, which might be more than relevant here (i.e., if any access controls were circumvented along the way).
posted by matlock expressway at 3:14 PM on May 27, 2011
matlock expressway: "I think mkultra meant that the DMCA covers circumventing DRM, rather than any and every copyright issue."
Yes, this. Wouldn't the DMCA only kick in if the poster's pic had some kind of copy protection or paywall around it?
burnmp3s: "When you post a photo to Facebook, you are not transferring your copyright to them. You are granting them a (very powerful) license for them to do basically whatever they want with it. But you still own the copyright and are the copyright holder. The only way Facebook would get involved is if they sold the license of the photo to this shady site, which is unlikely."
Sorry I wasn't more clear earlier. Facebook, unless you explicitly tell them not to, broadcasts your name and profile picture to anyone who asks, including search engines like Google and shady dating sites.
posted by mkultra at 3:36 PM on May 27, 2011
Yes, this. Wouldn't the DMCA only kick in if the poster's pic had some kind of copy protection or paywall around it?
burnmp3s: "When you post a photo to Facebook, you are not transferring your copyright to them. You are granting them a (very powerful) license for them to do basically whatever they want with it. But you still own the copyright and are the copyright holder. The only way Facebook would get involved is if they sold the license of the photo to this shady site, which is unlikely."
Sorry I wasn't more clear earlier. Facebook, unless you explicitly tell them not to, broadcasts your name and profile picture to anyone who asks, including search engines like Google and shady dating sites.
posted by mkultra at 3:36 PM on May 27, 2011
Even if someone finds a picture via Google, that doesn't mean they have rights to use it for a commercial website. Furthermore, if the image was accessed through any developer API (think: FB games that have leaked out your entire network to their advertisers), the FB terms of service prohibit saving that image. In fact, the easiest and fastest way about fixing this may be just to tell FB that there is a website out there ripping their user information and images for their own purposes. I'd imagine the place you want to send this stuff is legal@facebook.com, or whatever similar address you can find.
posted by rhizome at 3:46 PM on May 27, 2011
posted by rhizome at 3:46 PM on May 27, 2011
One section of the DMCA is concerned with what the service provider (web host, in this case) needs to do (take it down) if they end up hosting some copyright-infringing material, regardless of whether or not copy protection was circumvented in order to get that material. So it does, absolutely, apply in this case.
But complaining to Facebook that this shady site is leaching their userbase might be a lot faster.
posted by anaelith at 4:34 PM on May 27, 2011
But complaining to Facebook that this shady site is leaching their userbase might be a lot faster.
posted by anaelith at 4:34 PM on May 27, 2011
The DMCA is a giant monster of a copyright law. The access control section is only a very small part.
posted by atrazine at 4:36 PM on May 27, 2011
posted by atrazine at 4:36 PM on May 27, 2011
This thread is closed to new comments.
If you took the picture, you have copyright to the picture. If someone else took it, purchase the copyright to the picture from them.
Then send the site a DMCA takedown notice.
posted by orthogonality at 1:20 PM on May 27, 2011