A college student is suing her former Georgia school district for $2 million after she claims officials “stole” the photo above from her Facebook page without her permission. She says the district humiliated her by using the bikini shot to remind students that they should be careful about what they post online. Below is more on the case from FoxNews.com.

 

"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," Chaney’s attorney, Pete Wellborn, reportedly elaborated.

 

Read more: Chelsea Chaney's Facebook Bikini Photo Prompts Lawsuit Against Georgia School District | Fox News Insider

Is the photo fair game once it is posted in cyber space?

 

I thought it was the property of Facebook once you posted it there.

 

Anyone?

Is the photo fair game once it is posted in cyber space?

 

I thought it was the property of Facebook once you posted it there.

 

Anyone?

 

You still own it but FB has the right to use it and can even license it to others for free and without your permission.

 

I would suspect that the school is in violation.

Fo shizzle.

I'd be happy to let her wax my boat.

The school is in violation of using the picture without consent. It was the school's IT guy who did it so not the best choice. Copy Right laws and free use and all that stuff can get really complex real fast. How an image is used and where it came from. Who the image is of and so on. Now I do wonder about a few things.

 

1) How did whoever get access to the FB page or photo? I know FB has made it easier to hide photos you don't want people to see and at least at one point in time they made it harder to copy/steal those pictures from their pages.

 

2) Student consent to use their image and likeness. I am sure some one in law will correct me or will at least clarify this but schools acquire student consent to use the student's image. This is done in one of two ways. One where the student and parent must sign a paper or through a type of implied consent where if the paper is not returned and signed then the student is allow the school to use their image. I honestly have never read our districts form on the matter. I do not know if it clearly states how the image is acquired or any of that. Schools have to do this for a number of reasons.

 

Now from the story where they said the school was using the image to imply the student abused alcohol and was promiscuous I think has to hinge on what else was placed with the picture or said during a presentation. If she wants to go done that path then I think she is opening herself up to a line of questioning that she doesn't want to go down.

1. 
   
2. 
   
3. 
   
4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
   

 

Above from FB policy page.

1. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
   

 

Above from FB policy page.

 

In other words according to Facebook's Terms of Service the photo would be fair game?

Well well. Now that is interesting. So if she did put her settings correctly then she has opened her self up to be used. I think it's sort of funny now considering why the picture was used.

 

Since it was used as a warning for what you put up because if you don't take the correct procautions you just might be fair game.

Okay, here's the problem that I have with it. Even if it's allowable (by law/Facebook), why did they HAVE to choose a picture from someone who attended their school? I mean, if you want to make a point about posting a potentially-damaging picture, I'm sure there are hundreds, if not thousands, of ridiculous ones out there on FB for public viewing. Why show someone local (and perhaps imply to her friends, family, neighbors, etc. that you KNOW she did something wrong)?

You know peoe who work in the school system. They don't always make the best choices.

 

Now let me preface this by saying I don't agree with this line of thinking but here is one example of how it could of went down. Lets say the girl was a straight A student. Honors classes and in the top of her class. Volunteered in the community and was active in her church youth group. Model student and all around great person. She goes on spring break and a friend snaps a photo. No big deal. Friend posts it and tags her so it shows up on her page. Word gets around a little about the photo but its not a big deal. The IT guy thinks this is a perfect example of maybe a photo that could give someone the wrong idea about who this girl is.

 

Now I agree there are plenty of options out there to use and I have no idea why you would use a local. It might come out there was another motive behind it. One thing is for sure it drives home the point of social media and in today's age no matter if you're a kid or adult you must be very careful.

Definately bad judgement on the part of the school. A two million error?

 

What exactly are her two million dollar damages?

 

Seems to me that when my kids were in school parents signed some kind of permission slip allowing use of our child's image. I just assumed it was in case the local paper came by to cover a story. Does this cover that?

From the Huffington Post:

 

The photo used in a PowerPoint presentation shows a then-17-year-old Chaney in a bikini standing next to a cardboard cutout of hip-hop artist Snoop Lion (who was then known as Snoop Dogg). The photo appeared in a slide with Chaney's full name and the tag "Once It's There - lt's There To Stay," according to the complaint. The Chaney slide was shown immediately after a slide in which a cartoon daughter confronts her mother over the mom's old Facebook page that lists the mother's hobbies as "bad boys, jello shooters, and body art," according to court papers.

 

By using Chaney's photo in this way, the lawsuit contends, the school district publicly branded the teenager as a "sexually-promiscuous abuser of alcohol (or, in today’s vernacular, an alcoholic bad name for a girl) who should be more careful about her Internet postings."

 

A printout of the slideshow was offered to every student and parent in attendance at the seminar.

 

Curtis R. Cearley, director of technology for the Fayette County Schools, presented and planned the seminar, the court complaint said, and was responsible for choosing the photo of Chaney. A letter that Chaney received from the school said the photo was picked at random, WSB-TV reports. Cearley did not return a request for comment from The Huffington Post.

It's an interesting legal case, because Chaney not giving her permission and the photo winding up in an embarrassing situation is ... kind of the point of the seminar. It all comes down to whether she gave up her need for permission by posting the photo to a social media site.

 

Chaney's attorney Pete Wellborn says, "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."

 

The current Facebook terms and conditions, however, state that users grant Facebook "a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any [iP] content that you post on or in connection with Facebook ('IP License'). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it."

 

Chelsea Chaney sues school over Facebook bikini photo used in social media seminar - Zap2it

The photograph was taken on a family holiday and Chelsea believed it was only available to be viewed by friends on Facebook.

 

In a written apology to the Chelsea, the school district apologized and said the picture had been chosen at random.

 

Read more: Chelsea Chaney sues school for $2m over Facebook bikini photo used in dangers of social media seminar | Mail Online