Flickr copyright worry

[Terrycanon]

I’ve received a message, allegedly from someone at Flickr, saying the following…

Please be advised that we have received a legal complaint under DMCA provisions concerning one of the photos uploaded to your Flickr account.

This notice asserts that the media item concerned features a potential privacy violation involving identifiable individuals, which breaches our community and copyright policies for public sharing online without prior documented authorization.

Please proceed to my Flickr profile and review the instructions on how to obtain the files related to your case. Mentioned in the about section.

It gives a “case code number”. I know I have never infringed any copyright or stolen anyone’s photos, so I am very suspicious that this is a scam. It says the alleged complainant has sent me an email, which I can’t find. Also, I have checked and he or she does not exist on Flickr.

DMCA is a U.S. organisation, and I haven't been to the States for years, so I have no U.S. pictures on Flickr.

Has anyone else had this or have any thoughts? I shall ignore it, but it is a bit worrying.

 

[MSH411]

Terry, knowing factually that you have not infringed on anyone's copyright or posted someone's images places the burden of proof on the person making the claim. Personally I stopped using Flickr because of the spam I received, it just became to much of a hassle. I ended up using Piwigo software, grabbing some server space and creating my own photo storage site.

Legally you are in a good place, you have the originals! It looks like spam to me but I get the concern.

 

[kap55]

the media item concerned features a potential privacy violation involving identifiable individuals

Have you posted photos of individuals? That's how I read the notice - it's not about using someone else's photo it's about posting an image with identifiable individuals.

 

[MSH411]

From the Institute of Photography UK


Home / Your Rights as a Photographer in the UK: A Guide

Posted on June 11, 2024 by Institute of Photography

Photography is a rewarding activity for many people around the globe but we all worry about falling foul of the law. Understanding your legal rights is crucial to practising your passion or profession lawfully. This guide delves into where you can and cannot take photos, the necessity of model releases, photographing individuals, and what to do if someone tries to stop you from taking photos in public.
Where You Can and Cannot Take Photos

Public Spaces: In the UK, you generally have the right to take photos in public spaces, which includes streets, parks, and other areas accessible to the public. However, there are certain restrictions and considerations:

Sensitive Locations: For security reasons, photography is often restricted at military bases, power stations, and airports. Signs usually indicate these restrictions, so it’s important to be observant.

Private Property: While you can photograph private property from public spaces, you cannot enter private property to take photos without permission. This includes shopping malls, private buildings, and private events. Trespassing laws apply here, and it’s advisable to seek permission if in doubt.

Public Events: Photography at public events is generally permitted, but event organisers can set their own rules. If you do not comply, they may request that you stop taking photos or leave the event.
Do You Need a Model Release in a Public Place?

In the UK, you typically do not need a model release to take photos of people in public places for personal use or editorial purposes (such as news reporting). However, a model release is advisable for commercial use, such as advertising.

Can You Take Photos of Anyone?

General Public: In public spaces, you generally have the right to take photos of people without their permission. However, there are significant considerations:

Reasonable Expectation of Privacy: People have a reasonable expectation of privacy in locations such as toilets, changing rooms, and private homes. Taking photos in such places can breach privacy laws.

Harassment and Stalking: Repeatedly photographing someone without their consent in a manner that causes them distress can be considered harassment or stalking. Respect and consideration for others’ feelings and privacy are essential. For more on harassment laws, visit the Crown Prosecution Service.

Children: Special caution is advised when photographing children. While it is not illegal to photograph children in public, obtaining parental consent is a good practice, especially if the photos will be shared publicly or used commercially.

 

[Joeseph]

I’ve received a message, allegedly from someone at Flickr, saying the following…

Please be advised that we have received a legal complaint under DMCA provisions concerning one of the photos uploaded to your Flickr account.

This notice asserts that the media item concerned features a potential privacy violation involving identifiable individuals, which breaches our community and copyright policies for public sharing online without prior documented authorization.

Please proceed to my Flickr profile and review the instructions on how to obtain the files related to your case. Mentioned in the about section.

It gives a “case code number”. I know I have never infringed any copyright or stolen anyone’s photos, so I am very suspicious that this is a scam. It says the alleged complainant has sent me an email, which I can’t find. Also, I have checked and he or she does not exist on Flickr.

DMCA is a U.S. organisation, and I haven't been to the States for years, so I have no U.S. pictures on Flickr.

Has anyone else had this or have any thoughts? I shall ignore it, but it is a bit worrying.

smells like a scam... did they have a link in the email for you to click on and log in? if so don't...

 

[Mike_d]

From the Institute of Photography UK


Home / Your Rights as a Photographer in the UK: A Guide

Posted on June 11, 2024 by Institute of Photography

Photography is a rewarding activity for many people around the globe but we all worry about falling foul of the law. Understanding your legal rights is crucial to practising your passion or profession lawfully. This guide delves into where you can and cannot take photos, the necessity of model releases, photographing individuals, and what to do if someone tries to stop you from taking photos in public.
Where You Can and Cannot Take Photos

Public Spaces: In the UK, you generally have the right to take photos in public spaces, which includes streets, parks, and other areas accessible to the public. However, there are certain restrictions and considerations:

Sensitive Locations: For security reasons, photography is often restricted at military bases, power stations, and airports. Signs usually indicate these restrictions, so it’s important to be observant.

Private Property: While you can photograph private property from public spaces, you cannot enter private property to take photos without permission. This includes shopping malls, private buildings, and private events. Trespassing laws apply here, and it’s advisable to seek permission if in doubt.

Public Events: Photography at public events is generally permitted, but event organisers can set their own rules. If you do not comply, they may request that you stop taking photos or leave the event.
Do You Need a Model Release in a Public Place?

In the UK, you typically do not need a model release to take photos of people in public places for personal use or editorial purposes (such as news reporting). However, a model release is advisable for commercial use, such as advertising.

Can You Take Photos of Anyone?

General Public: In public spaces, you generally have the right to take photos of people without their permission. However, there are significant considerations:

Reasonable Expectation of Privacy: People have a reasonable expectation of privacy in locations such as toilets, changing rooms, and private homes. Taking photos in such places can breach privacy laws.

Harassment and Stalking: Repeatedly photographing someone without their consent in a manner that causes them distress can be considered harassment or stalking. Respect and consideration for others’ feelings and privacy are essential. For more on harassment laws, visit the Crown Prosecution Service.

Children: Special caution is advised when photographing children. While it is not illegal to photograph children in public, obtaining parental consent is a good practice, especially if the photos will be shared publicly or used commercially.

It's basically the same in the US. No expectation of privacy in public spaces and no need for a model release unless you're using it commercially. This "notice" smells like BS, especially since the DMCA would have nothing to do with posting pictures of people.

 

[West Coast Birder]

What Mike said. As long as the people you are photographing are in a public place (regardless of whether they are the general public, government officials, law enforcement, etc.), the Supreme Court has ruled that they have no expectations of privacy.

In fact, they can be on their property too if I remember correctly and it doesn't mean they can't be photographed if a reasonable argument cannot be made that they are in a private place. For example, if they are out on their lawn, they can be photographed but if they are in their bedroom and you take a shot through the curtains with a telephoto lens, then they could probably claim that their reasonable expectation of privacy has been violated.

 

[ShipleyNW]

Have you looked at your account at Flickr? I'd do a short investigation through them. Don't answer emails or anything like that. Look through your notifications on Flickr itself.

All the rules outlined above are about taking editorial/news shots of and from public places, never to be used for commercial purposes. The rules can be tricky. If you take a picture of your wife in a bar and post it on Flickr, the bar owner or other patrons may have a beef. You're on private property.

It doesn't sound like you use Flickr much now anyway. It may be something stupid, like when you signed up you checked a box that said, sure, my stuff is for sale as stock art if anybody asks. Maybe unchecking that box would put you in a different category and make the problem go away.

But maybe you posted a picture of a statue in a park and the creator of that sculpture has a beef (yes, that's a copyright thing.) Find out if there's something like that going on, then take the picture off Flickr. That would probably end everything. If you can't find anything specific about it through Flickr, it's probably a scam and you should just ignore it.

Of course, this is just an opinion and should not be considered legal advise.

 

[Dragonspeed]

Please proceed to my Flickr profile and review the instructions on how to obtain the files related to your case. Mentioned in the about section.

This is a SCAM - Flickr doesn't have "their own Flickr profile"

Ignore it, report it... just don't reply to it.

 

[OhLook]

Does the material you received even say which photo it's about?

 

[Terrycanon]

Thank you for all your responses. I shall study them and consider what to do. Probably nothing. Thanks again. Please keep them coming if you have more thoughts.

 

[Snydremark]

I’ve received a message, allegedly from someone at Flickr, saying the following…

Please be advised that we have received a legal complaint under DMCA provisions concerning one of the photos uploaded to your Flickr account.

This notice asserts that the media item concerned features a potential privacy violation involving identifiable individuals, which breaches our community and copyright policies for public sharing online without prior documented authorization.

Please proceed to my Flickr profile and review the instructions on how to obtain the files related to your case. Mentioned in the about section.

It gives a “case code number”. I know I have never infringed any copyright or stolen anyone’s photos, so I am very suspicious that this is a scam. It says the alleged complainant has sent me an email, which I can’t find. Also, I have checked and he or she does not exist on Flickr.

DMCA is a U.S. organisation, and I haven't been to the States for years, so I have no U.S. pictures on Flickr.

Has anyone else had this or have any thoughts? I shall ignore it, but it is a bit worrying.

It's another phishing scam going around. As Dragonsspeed says, report and ignore.