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onedef92
08-16-2013, 11:48am
Georgia teen wants $2 million after school uses Facebook photo without permission

http://i102.photobucket.com/albums/m111/onedef92/facebook23n-1-web_zps4b80e5e2.jpg

When bikini-clad Chelsea Chaney posed next to a cutout of Snoop Dogg during a family vacation, she had no idea that the photo would be shown to hundreds of strangers at a Fayette County Schools district seminar. An administrator used the photo to demonstrate the dangers of posting to social media.

By Carol Kuruvilla / NEW YORK DAILY NEWS

Saturday, June 22, 2013, 5:32 PM.

Georgia student Chelsea Chaney believed only her friends and friends of friends could see the Facebook photo of herself in a red bikini standing next to a Snoop Dogg cutout.

You never know who’s creeping through your Facebook profile.

To prove that point, a high school administrator in Fayette County, Ga., grabbed a revealing photo from a student’s Facebook page and showed it to hundreds of students and teachers at a districtwide seminar.

The student in the photo, 17-year-old Chelsea Chaney, is now suing her district for $2 million, saying the picture was used without her permission.

In the photo, taken during a family trip, Chaney wears a red bikini and poses next to a cardboard cutout of rapper Snoop Dogg. The young woman, now a college freshman at the University of Georgia, says she posted the photo to the social media site thinking that only her friends and friends of friends could view it.

She was shocked to learn that hundreds of complete strangers had seen the photo during the seminar. The Fayette County Schools Director of Technology allegedly used it to demonstrate the lasting effects of posting photos on social media sites.

The photo was shown with the title, “Once it’s there, it’s there to stay,” Chaney said. Her family says it was used out of context to suggest that she was a promiscuous abuser of alcohol.

“I cried a lot,” Chaney told WSB-TV. "It never crossed my mind that this would ever, ever happen to me."

The school reportedly apologized for the incident in a letter. They said that the picture was randomly chosen for the event.

“I just don't’ think it’s random,” Chaney said. “It wasn’t my main picture. You had to go looking through it.”

The school chose not to comment, but told WSB-TV that it had filed a motion seeking to dismiss the case.

But Chaney’s attorney Pete Wellborn says the administrator’s actions are a violation of law.

"Their idea that putting something on Facebook gives them a license to steal it and carte blanche to do with it what they did is wrong ethically, it's wrong morally and it's absolutely wrong legally," Wellborn said.

Chaney wants to make sure this doesn’t happen to other students.

"I wish it was taken more seriously and gotten a more sincere apology," she said.


Read more: Georgia teen wants $2 million after school uses Facebook photo without permission - NY Daily News (http://www.nydailynews.com/news/national/teen-sues-2-million-school-facebook-photo-permission-article-1.1379754#ixzz2c9S0f5d5)

Yerf Dog
08-16-2013, 11:57am
$2 million sounds fair. :rofl:

http://www.dailyreportonline.com/image/ga/300_pics/Chaney0703_300.jpg

onedef92
08-16-2013, 11:58am
Long face, rockin' hawt bod....

DukeAllen
08-16-2013, 11:58am
The administrator certainly made his point.

vetteman9368
08-16-2013, 12:32pm
Wow!

C5SilverBullet
08-16-2013, 12:36pm
She'll probably win.

RedLS1GTO
08-16-2013, 12:49pm
...to suggest that she was a promiscuous abuser of alcohol.

:rofl:


If you don't want it seen, don't f'n post it on the internet. Holy f**k. How difficult is it?!?

$2 Million dollars? REALLY? Going by the median income in the US, that is about 70 years worth of work for the average American. Yea. That seems completely reasonable. :rolleyes:

VITE1
08-16-2013, 12:51pm
If you put it on the Internet it's no longer private.

ApexOversteer
08-16-2013, 12:57pm
If the school's counsel is savvy they'll claim fair use... she's essentially claiming copyright (which actually belongs to Facebook from the moment she posted it), and it was used for educational purposes...

Blademaker
08-16-2013, 1:17pm
Saw this on the news about a month or so ago.
She's an idiot looking for a free ride.
During the interview, the way she turned down her mouth made her very, very ugly.
Not even with Knoogers dick and Onedef pushin'.........

Hope she loses......

RedLS1GTO
08-16-2013, 1:20pm
During the interview, the way she turned down her mouth made her very, very ugly.

http://www.plasticpledge.org/assets/uploads/PaperBag.jpg

Problem solved. You're welcome.

xXBUDXx
08-16-2013, 1:30pm
Saw this on the news about a month or so ago.
She's an idiot looking for a free ride.
During the interview, the way she turned down her mouth made her very, very ugly.
Not even with Knoogers dick and Onedef pushin'.........

Hope she loses......

Let's not be hasty, here. I haven't seen her boobs.

Y2Kvert4me
08-16-2013, 2:15pm
she's essentially claiming copyright (which actually belongs to Facebook from the moment she posted it)No.

When an image is uploaded, Facebook is essentially granted a license (permission) to host/use/distribute the material within the boundaries of the ToS the account holder agreed to, but at no time is copyright ownership transferred. The account holder (typically, the copyright owner) remains in full control of the image, and can remove it (or change viewing permissions) at any time.

Unless her account was hacked, or the image was otherwise illegally obtained, it's her error, she willingly shared it, and the case should be dismissed. Her ignorance of privacy controls and viewing permissions is the fault of no one else.

xXBUDXx
08-16-2013, 2:19pm
http://www.thevettebarn.com/forums/off-topic/55680-socially-unacceptable-teen-wants-2-million-after-school-uses-facebook-photo.html#post1020207

:cert:

I should have added, "up close" to my first comment. I'm not impressed with her initial offering.

ApexOversteer
08-16-2013, 2:34pm
No.

When an image is uploaded, Facebook is essentially granted a license (permission) to host/use/distribute the material within the boundaries of the ToS the account holder agreed to, but at no time is copyright ownership transferred. The account holder (typically, the copyright owner) remains in full control of the image, and can remove it (or change viewing permissions) at any time.

Unless her account was hacked, or the image was otherwise illegally obtained, it's her error, she willingly shared it, and the case should be dismissed. Her ignorance of privacy controls and viewing permissions is the fault of no one else.

I went back to find the articles that I thought had stated otherwise and reading them again it seems I misread them. My bad. :cert:

C5SilverBullet
08-16-2013, 3:21pm
She shared it but does that give anyone the right to sue it in any manner they see fit?

I believe that is where the issue arises and she has a potential case.

The main problem is the Fair Use isn't exactly black and white, there is a lot of room for interpretation.

C5SilverBullet
08-16-2013, 3:26pm
If she's the copyright holder, holds all copyrights and did not grand the school district explicit usage rights she has a very possible case gainst the school district, IMHO.

Is her dollar amount too high? Oh heck yea. 2 million? GMAFB! :funny:

The moron who thought it would be a good idea to use that picture w/out permission needs to be KITB. :kick:

There is an exception for education in Fair Use, but again, it doesn't really say what qualifies. :lol:

Y2Kvert4me
08-16-2013, 3:59pm
She shared it but does that give anyone the right to sue it in any manner they see fit?

I believe that is where the issue arises and she has a potential case.As I see it, the ultimate question is how and where did the school obtain the image? The article only said it was sourced from "A student's FB page", not necessarily hers.

- If they hacked her account to get it, the school is to blame.
- If her privacy controls were "as she thought", and FB shared it publicly, FB would be to blame for contract breach.
- If it's publicly viewable on her profile and permissions are set as such, she is to blame.
- If she correctly restricted the audience (friends, friends of friends), any one of those has the potential of sharing it publicly, despite the fact that wasn't her intention. That "unauthorized use" would not be the fault of FB, but rather the person that duplicated (shared) it.

That's the inherent problem, not only with FB, but the internet in general. The person uploading and sharing has no control of who/where/how that images becomes shared, and the branches of distribution can spread extensively. Seems to be the exact lesson the school was teaching.

The fact the school obtained the image MIGHT be evidence the image was duplicated/distributed w/o authorization at some point, but they aren't necessarily wrong in acquiring or using it as they did.

As for copyright infringement and unauthorized usage, though she may be the owner of implied copyright of the image in question, unless she registered the copyright, she has no claim to damages ($) resulting from it's misuse. At best she can order the unauthorized usage cease.


:cert: