Is It Legal? - McKinney,TX

It's my understanding that whatever is posted on the Internet unless copyrighted is fair game for anyone that wants to print it to use however they want. That is one of the concerns over the use of social sites such as Facebook.

I suggest you talk directly with the adviser/teacher. I would think the school district has asked their attorney. If not ask that (s)he do so and get back to you or call the school district administrative office and ask.

Since the year books are sold for profit you could be walking a very fine line. I would get permission.

It violates Facebook's policies and rules. I can "tag" or be "tagged" in someone's picture on FB and use it on FB, but other than that I have no right to use it. Apparently the school adviser needs to take a basic class covering ethics and plagiarism as was pointed out in this article from the Washington Post:
http://www.washingtonpost.com/wp-dyn/content/article/2007...

From the article:
"Facebook's terms of use state that all pictures posted to the site belong to the site and to the user. Unauthorized publication in the Walter Johnson yearbook (case discussed in article) clearly violated those terms. Staffers of the school newspaper note that their classmates also committed plagiarism."

Yearbook pictures should be SUBMITTED, with the submitter assuming ownership and authorizing publication. Pictures taken at school events are covered by a negative consent release that schools provide at the beginning of the year (this is the "if you don't want your child's image to appear in print/web materials please send in this form back"). I think you're right to question downloading pics from FB and I would definitely push back.

ETA here is a link to a relevant article. This is illegal and violate Facebook's terms of use and plagiarism laws. Of note from the article:

"Facebook's terms of use state that all pictures posted to the site belong to the site and to the user. Unauthorized publication in the Walter Johnson yearbook clearly violated those terms. Staffers of the school newspaper note that their classmates also committed plagiarism. Hemmati and Green penned an article about the affair for the school paper. "

http://www.washingtonpost.com/wp-dyn/content/article/2007...

One way around this issue may be for a student to create a FB page specifically for yearbook photo submissions with the explicit understanding that the students are authorizing the release of the photos for the yearbook. Then each photo in the book would have to be credited to the person who submitted the picture, but permission to use the photo would still need to be obtained from everyone in the photo.

Doubly illegal.

1) Permission needs to be granted by the owner of the photos (either the poster of them, or the photographer)
2) It violates FB's own stated rules & regs

to know... while things posted online are in the public SPHERE (aka no reasonable expectation of *privacy*) they are NOT IN THE PUBLIC DOMAIN. Meaning that permission needs to be granted or rights bought. It's the same for pictures and articles as it is for music and movies. Just because one CAN download them, doesn't mean it's legal to. Not without permission/payment.

I see that this has already been resolved, but will put in my two cents.

This is totally illegal! A photograph automatically holds a copyright the moment it is taken.

For Example: I am a Photographer - As soon as I take the photograph, I hold the copyright to that photograph, unless I release it (written release required). My customers are not allowed to even print that picture unless they have a written copyright release from me. Places like Walmart or Sams will not even print a photo if it looks to be professional. They require a copyright release to be signed before they will print it. If Walmart or Sams prints without my release, they could be sued and I would win.

Of course, many of the photos on Facebook are not by professionals. However, the same holds true - the person that takes the photograph holds the copyright, unless there is a signed release. The fact that the yearbook is being SOLD, especially makes this illegal. I believe the school would ultimately be held accountable for this, but I wouldn't chance it with your daughter.

To those who stated that they thought it is okay to take a photo if it is on the internet - that is absolutely not true! It is a breach of copyright law unless you have a signed release. Hope that helps!

C.:

To the best of my knowledge it is legal. Facebook is public domain.

But it sounds fishy and a tad unethical. I wouldn't take someone's picture from anywhere without telling them.

This would be a good time to talk to the kids about public domain. Once you upload a picture to the internet - it's public domain! It's out there. May not be ok to snag it for a yearbook, but good time for a refresher course in guarding your own privacy.

Well, at the beginning of the school year our school sent home a release for pictures taken at school and school pictures are usually also included in yearbooks. But using pictures without someone's knowing or consenting sounds iffy enough to double check. I would ask the yearbook advisor myself and try not to put your daughter in the middle. If the pictures were on the school's page and it was explained they could go in a school publication then fine. If they are on a person's individual page I think you would need permission.

I believe once a picture is on the internet it is sort of like public property. But I would not do it for a permanent item such as a year book. I have shared my friends pictures on occasion without asking but goodness, I am not putting it in a yearbook.

I would ask the friend first of all and if they say okay then I'd go ahead.

Yup, seriously not legal! I would report them.

Yes this is illegal because parents have to sign a document agreeing that they give rights to the school to put photos of our children on and media or yearbook!!!

i would say no. we had to sign a paper at our school to post pics in a year book of our child.

Maybe illegal, definitely unethical. And kinda creepy.

No way.

I would report.... that Adviser.
But yes, backlash.

I would not use anyone else's pictures without their permission. Whether or not it is technically legal, I don't know. However, instructing your daughter to do this really puts her in a bad position, and if it were my child, I would not allow her to do it.

The individuals could sign a release allowing use of the photos if these photos are so vital to the completion of the yearbook. Every school/school district has an official photo consent release form.

However, it sounds like someone above this staff member needs to know what's going on. It would be really embarassing to a school principal if photos are used without consent, and it becomes a big deal, and someone threatens to sue.....

Even if there is no legitimate suit, no principal wants to have to deal with stuff like this, and you surely don't want your daughter at the center of it.

Just my opinion. Hope it helps.

J. F.