back to article UK.Gov passes Instagram Act: All your pics belong to everyone now

Have you ever uploaded a photo to Facebook, Instagram or Flickr? If so, you'll probably want to read this, because the rules on who can exploit your work have now changed radically, overnight. Amateur and professional illustrators and photographers alike will find themselves ensnared by the changes, the result of lobbying by …

COMMENTS

This topic is closed for new posts.

Page:

      1. Andrew Orlowski (Written by Reg staff)

        Re: Re: Excuse me

        Image matching (eg, Getty PicScout) is now fast and reliable.

        A registry of images (eg the copyright hub) would provide the author info. Large users who solicit and use "unidentified" photos (eg Daily Mail, BBC) could be obliged to register them. Metadata stripping is already illegal.

        So Registry + ImageRecog + Law solves the Orphan Works "problem" with the law we already have, it removes uncertainty for users and creates a new market. This is all photographers were asking for here.

        Other people have other agendas.

        Of course, some people were in a hurry. When the

        1. Anonymous Coward
          Anonymous Coward

          Re: Excuse me

          "Metadata stripping is already illegal."

          But nearly impossible to police.

          1. Andrew Orlowski (Written by Reg staff)

            Re: Re: Excuse me

            "Metadata stripping is already illegal.' But nearly impossible to police."

            You'd be amazed how the prospect of dropping a bar of soap in the showers can focus the minds of a senior media executive.

            1. Roo
              FAIL

              Re: Excuse me

              I really don't see why would it focus their minds, after all they have employees they can send to prison on their behalf.

              1. Turtle

                @Roo: Re: Excuse me

                "I really don't see why would it focus their minds, after all they have employees they can send to prison on their behalf."

                Those employees will be falling over themselves for the opportunity to make a plea bargain and get a light-to-very-light sentence in return for rolling on whomever they can, and turning state' s evidence.

        2. Turtle

          @Andrew Orlowski: Re: Excuse me

          "Metadata stripping is already illegal."

          It's not really illegal until the courts have started enforcing it. Have they? Has the BBC deleted the huge number of images from which they routinely strip the metadata? Or are those and similar thieves and thefts sort of grandfathered in, or does the law making metadata stripping illegal grant them some kind of amnesty?

          1. Andrew Orlowski (Written by Reg staff)

            Re: @Andrew Orlowski: Re: Excuse me

            True

            "It's not really illegal until the courts have started enforcing it. Have they?"

            No. Good point.

        3. Ian Yates
          Coat

          @Andrew Orlowski

          "Of course, some people were in a hurry. When the"

          ... comment was written?

        4. Anonymous Coward
          Unhappy

          Re: Excuse me

          How does the Reg feel about their IP being protected, professionals being protected and commoners, hobbyists and startups not having this protection?

    1. John Keogh

      Re: Excuse me

      Don't bother. If you put a visible "watermark" on your photo, no-one is going to want to look at it.

      The way I read this article is that only orphan works are affected. If it's on Flickr, it's on your page with your title, description, date, tags, EXIF and other metadata. Definitely not orphan.

      1. Stuart Halliday
        Thumb Up

        Re: Excuse me

        Put your images on a web site. Make sure archive.org catalogues it and you have a history of your image.

        Also do a trick owners of paintings do. Cut off an edge and put that cropped image out there.

      2. Marina
        Thumb Down

        Re: Excuse me

        And when have people stopped downloading images from Flickr, removing metadata, and uploading to other sites?

  1. auburnman
    Unhappy

    Ominous...

    ...but from the article it does look like there are a number of options to resist this and try and get it repealed. Here's an angle that occurred to me - if works with no metadata have lesser legal rights now, could the big organisations such as the BBC who routinely strip metadata before using works be reasonably accused of fraud?

    1. BristolBachelor Gold badge

      Re: Ominous...

      As I understand it, what the BBC does is already illegal/unlawful (I think illegal), under the terms of some new digital copyright something act (think DMCA watered down a bit). ISTR that there is specific language in the act making it illegal/unlawful to strip out the ownership details from a file.

      The BBC says that they can't help it; it's their systems that do it, however the EXIF ownership info comes from the system that was put in place for photographic pictures for journalism, about the time that fax was invented. The BBC’s systems must just be a bit behind :/

      Someone with a proper internet connection could probably find the relevant deatils on the UK Gov copyright pages.

      1. Steve the Cynic

        Re: Ominous...

        "EXIF ownership info comes from the system that was put in place for photographic pictures for journalism, about the time that fax was invented"

        No, I don't think so, except by hyperbolic analogy. The fax was invented in the 19th century(*), a few decades before EXIF...

        (*) FFS, there was a commercial telefax service between Paris and Lyon in *1865*!

        1. Stuart Halliday
          Thumb Up

          Re: Ominous...

          Forget EXIF. You want to use IPTC.

          EXIF is for hardware info. IPTC is the meta tag system you need to use.

    2. TheOtherHobbes

      Re: Ominous...

      Probably not, because you'd have to prove the metadata was being stripped knowingly with a view to commercial benefit, and not because of some technical reason - such as the fact that it's a bit of extra work to put metadata back into images after you (e.g.) resize them.

      And you could make a case that even if the metadata was being stripped deliberately - well, so what? It's not actually illegal if the owner has given you usage rights by agreeing to your T&Cs.

      None of this is good or moral, and - as an occasional semi-pro photog - I certainly find it offensive personally.

      But clearly the answer isn't to argue the toss legally - it's to make sure that no one ever votes the wankers in again.

      1. D@v3

        Re: no one ever votes the wankers in again....

        not sure about you, but I sure as hell didn't vote for the coalition government this time round, not sure anyone did, that's part of the problem.

        enough people obviously voted for part of it though, to let them get close enough to sneak in.

        Slightly better than before I guess, when we had a PM that no-one was even given the chance to vote for. (Gordon Brown, for those that don't remember)

        1. MarcF

          Re: no one ever votes the wankers in again....

          "Slightly better than before I guess, when we had a PM that no-one was even given the chance to vote for. (Gordon Brown, for those that don't remember)"

          I don't seem to recall ever having voted for a PM, because that's not the way our system works.

  2. Roger Stenning
    Flame

    Took the words right out of my gob.

    "Royally Fucked" indeed.

    I take it that since they've robbed us of our IP, they're going to tear up the country's ratification of the Berne Convention as well, then?

    I didn't vote for these useless twats, and here's a perfect example of why: They have NO respect for anyone but their own bloody cronies and soft-money backhanding buddies.

    Fucking outrageous >:-(

  3. triceratops triceps

    well, shit.

  4. Anonymous Coward
    IT Angle

    What about all the large UK tech companies?

    >"it marks a huge shift in power away from citizens and towards large US corporations"

    Picking on the poor Americans today, are we?

    1. breakfast Silver badge

      Re: What about all the large UK tech companies?

      I'm pretty sure large US Corporations are not poor.

      1. Thomas 4

        Re: What about all the large UK tech companies?

        @breakfast

        Probably because of all the money they have made from other people's images.

    2. DavCrav

      Re: What about all the large UK tech companies?

      "What about all the large UK tech companies? "

      Name some. (That will benefit from this law change.)

  5. Crisp

    Oh this will be fun :D

    There's lots of things that can be rendered as photographs.

    1. Anonymous Coward
      Anonymous Coward

      Re: Oh this will be fun :D

      Do you realize how large of an image it would take to 'display' Steamboat Willie'?

  6. Jamie Jones Silver badge
    WTF?

    WTF?

    Icon says it all

  7. triceratops triceps

    I'm guessing watermarking will become much more common.

    is there a way to make a watermark that's not obvious, but is still there when meta data has been stripped?

    will we see a new feature in our cameras and phones, to provide automatic watermarking?

    1. Anonymous Coward
      Boffin

      >I'm guessing watermarking will become much more common."

      ...and watermark removal software will become extraordinarily popular...

    2. Ru

      is there a way to make a watermark that's not obvious, but is still there when meta data has been stripped?

      I know Digimarc have been offering a reasonably robust imperceptible watermarking service for some time now; possibly there are other similar companies out there. It isn't a trivial task, unfortunately.

    3. S4qFBxkFFg

      "is there a way to make a watermark that's not obvious, but is still there when meta data has been stripped?"

      Steganography. Use the least-significant bits for the RGBα. For 24 bit colour, this gives 4 bits per pixel, meaning for 1600x1200 you could have about 940kb of uncompressed byte-per-character text using lossless image compression, if my maths is right.

      The trouble is, if it's that low-level, any sort of image processing would probably get rid of it. Something could perhaps be done with ratios of dominant colours, but that sounds horrendously unreliable and would itself mess up an image.

      I fully admit I know very little of this area, so probably best to wait until someone more knowledgeable contributes - I know movie studios do it with their output so there must be a way (but that might just be audio...?).

      1. Dom 3

        http://link.springer.com/content/pdf/10.1007%2F3-540-61996-8_47.pdf

        "This paper describes a new and novel steganographic method for inserting secret information into image files. The method uses fractal image compression techniques in the production of these steganographic image files. The method allows a user to specify a visual key when hiding the secret information. The visual key must then be used when retrieving the hidden data. The paper describes enhancements to the method which may enable the steganographic data to survive through normal processing which reduces image quality. The method may therefore be used to insert copyright labels into image files."

        1. Anthony Cartmell
          Thumb Down

          Steganography is no use

          Inserting copyright information into an image so that it's hidden from other people is no use: I just copy your image, fail to read the hidden copyright info, and proceed to make use of it as I want - it's an "orphan" image as far as I can tell.

          Adding copyright info to images in easily-discovered format is easy, and is done as a matter of routine by professional photographers. The problem is that it's trivially easy to remove this information, and to pretend it was never there. Once you've done that, the new Act means you can use the image however you like, as you are now unable to discover who owned the copyright of the original. Or, even better, get the image off a third party website that grabs images, strips the copyright, and re-publishes them.

          1. Anonymous Coward
            Anonymous Coward

            Re: Steganography is no use

            The "key" is optional (else "password"). Likewise with it being "invisible" too. It's the most the process and software can do. You can always scale it down or apply it with a logo and other meta data. However the "invisible" data is harder to remove, so provides better traceability for instances where the other data has been scrubbed.

    4. Anonymous Coward
      Anonymous Coward

      not good for whistleblowers

      I've tended to think being able to upload a photo anonymously to be an advantage. Watermark stripping software has legitimate uses for whistleblowers who want to report evidence of wrongdoing without being bullied and theatened.

  8. Aristotles slow and dimwitted horse
    Unhappy

    Re "Royally Fucked"...

    Hmmm... I'm not sure I could have put it quite so succinctly or clearly myself - but you are correct : royally fucked indeed!!!

    IMHO this is just another step in a steady and ongoing land-grab by goverments and the large corporates (supported by governments) - the ultimate aim of which is "ownership" of the internet and everything on it for the purposes of monetisation and to stem the free-flow of ideas and communications.

    But this one really concerns me. I have no doubt that someone somewhere already has written, or is writing a nice little script that will effectively and in bulk/batch, remove all of that nice metadata that should point to its creative origins, and I also have no doubt that these persons won't be putting as much effort into trying to find the true owners of these pseudo-oprhans - as they have been putting effotts into creating them in the first place.

    Worrying. Very worrying.

    1. rhdunn

      Re: Re "Royally Fucked"...

      The removal of metadata from photos and other electronic documents should be illegal. It's like taking a document that says "Copyright (C) YYYY Author. Licensed under whatever conditions the author has chosen.", removing those and claiming it is orphaned. You are not allowed under law to do that, so the same should be true with the metadata a document/photo has, because the metadata is part of that file.

      This would, IMHO solve the problems here, in addition to educating people about providing metadata for their work just like educating people about adding copyright notices to their scripts/books/poems/etc..

      1. Kevin Johnston

        Re: Re "Royally Fucked"...

        I may be wrong (it has happened before apparently but I don't recall when) but I think you will find that this removal of metadata already is illegal as it is the removal of a mark of ownership to avoid having to acknowledge the originator or to pay them a fee for the use of the photo.

        It is covered in the Theft Act ...

        "A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." - Theft Act 1968

        1. Dave Bell

          Re: Re "Royally Fucked"...

          Caution here: There may be distinctions in law between physical property and copyright. Tje term "intellectual property" can be very misleading.

          You would think that the Theft Act covered motor cars, but they still have to use "Taking Without the Owner's Consent" for a lot of cases. Even clearly physical property is not that simple.

          I'd be inclined to look closely at the law on fraud.

          1. Kevin Johnston

            Re: Re "Royally Fucked"...

            Just as an aside, the TWOC bit came in when people claimed no intent to permanantly deprive or make money etc etc etc. The crooks tend to know exactly what is needed to prove an offence and so are one step ahead of the legislation...

            The TWOCers then started using 'pool cars' with no declared owners so they had to be dealt with through no insurance etc etc.

      2. Anonymous Coward
        Anonymous Coward

        Re: Re "Royally Fucked"...

        @rhdunn

        I'm not sure making it illegal to strip the metadata will solve the problem (it will give recourse but you will have to find the culprit first). It will only take one person to strip the data and republish on any site for everybody to be able to use the image, once that happens the image gets spread far and wide on other sites,from where it can be used and spread ever further, etc- so who is going to track down which site had the original 'stripped' image? You will be on a hiding to nothing with that.

        On the good side though, I foresee lots of tv programmes being uploaded with blurred channel logos and stripped credits - which I believe now makes them 'orphaned works' and legal to use (and obviously download first) as there is no metadata or information on ownership - after all, what constitutes a 'diligent search' anyway? I think once corporations start having their content spread far and wide due to this (e.g the BBC) there may be some backlash against the law.

        1. Anonymous Coward
          Megaphone

          Re: Re "Royally Fucked"...

          Or you could do what Maddox did:

          http://www.thebestpageintheuniverse.net/c.cgi?u=ranker_sucks

  9. g e
    Trollface

    So.. if I just...

    Convert The Hobbit part 1 into many still images stripped of any meta info I can legally distribute it for free as long as my diligent search, unfortunately typo'd as 'Film about a small jolly fellow' didn't turn up The Hobbit.

    1. LaeMing
      Go

      Re: So.. if I just...

      "Series of pictures about a small jolly fellow", surely!

  10. BenR
    WTF?

    Facebook / Instagram etc.

    "For the first time anywhere in the world, the Act will permit the widespread commercial exploitation of unidentified work - the user only needs to perform a "diligent search". But since this is likely to come up with a blank, they can proceed with impunity."

    Surely if you have an account with the like of Facebook or Instagram and you upload photos to it, then such a 'diligent search' should turn up the fact that the photograph is associated with you, and thus you own the rights to it? Alright, the meta-data might be deliberately stripped by the uploading process (I hope they get caught out doing that as it'll be fun!), but if it's in your account as uploaded by you on such-and-such a date...?

    At the very least it should give companies a starting point to find the creator of whatever it is, and you'd like to think that if they are ever taken to court that the beak in question would look unfavourably on a company who hadn't gone past even the first level of checking?

    Or am I being hopelessly naive? Or perhaps missing something startlingly obvious?

    The real question I suppose is "How diligent is diligent?"

    1. Anonymous Coward
      Anonymous Coward

      @BenR - Re: Facebook / Instagram etc.

      I think your points are quite valid.

      A further point is that Facebook Terms allow them to commercially exploit what you've uploaded and we therefore might find Facebook and similar sites actively protecting that benefit, effectively attacking the non-dilligent on the user's behalf. Or maybe offering such a service at a price?

    2. triceratops triceps

      Re: Facebook / Instagram etc.

      perhaps image searching may expand to Facebook and other sharing services?

    3. qwarty

      Re: Facebook / Instagram etc.

      You are being hopelessly naïve. An image may start on facebook but go through any number of copies, (maybe with modifications, metadata changes) to other places before the copyright thief 'discovers' it to claim as their own work.

    4. Peter Gathercole Silver badge

      Re: Facebook / Instagram etc.

      If you were to assume that being present on a website shows ownership, then what prevents someone taking your image, forging some metadata that 'proves' that it was taken earlier than you posted it, and the accusing you of stealing the image yourself! Being posted to a web site is just not enough, especially if you are dealing with Instagram or Google

      When it comes to identifying photos, diligent will mean either a quick check for the presence of metadata, or an incredibly huge and impractical manual search of millions and millions of images.

      As far as I know, automatic comparison of pictures is still an inexact science, which means that it will be very difficult to automate the process of working out whether a picture is the same as another picture that someone claims ownership. It's probably easier with scanned film than digital images, because you can look for grain pattern and defects, but even that can be altered with digital filters.

      Considering what is done routinely to crop, rotate, change the colour pallet, touch-up and resize images, you would have to have some means of automatically and reliably hashing a picture using the major distinctive features and be able to discriminate between different pictures of the same subject.

      I'm sure there must be some major research going on, but I would think that any research will mainly be working on identification of the subject, not proving that two images are the same. Whether one can come from the other is a moot point, but without this technology, I would be much happier without this legislation unless you make it a major crime with appropriate punishments to strip or forge metadata.

Page:

This topic is closed for new posts.

Other stories you might like