Sorry LOL It had to be done (The post title)
As a follow up to yesterdays post, it appears that what we have is likely another instance of why you should be careful WHERE you post things.
According to Melissa all the images were posted on her Instagram and that she had permission to do that from everyone. The whole thing went awry when a mainstream media outlet scraped her instagram (That means took the pictures). Many porn chicks, being porn chicks assumed Melissa had sold the photos and profited, which apparently was not the case. you see when they get posted to Instagram they become in the public domain and the news outlet didn’t have to pay for them. When the story caught fire other news outlets did the same thing. Melissa maintains that she did not sell the photos to any of them. She also claims that none of the before photos has been retouched in any way.
Even some of her biggest critics like Alexis Ford praised the Instagram posts on her twitter, then bitched when they appeared elsewhere.
One thing is clear, Melissa is well liked as a make up artist by the top names in the biz in terms of Directors and Photographers.
So the lesson once again becomes….Once it’s on a social networking site….You lose control of where it goes from there.
6 Responses
“@MikeSouth1226: Melissa Makeup Fuck Up Follow Up http://t.co/PBy7EgRnCM” <<< Amen, all the more reason not to go apeshit posting photos.
Melissa Makeup retains copyright, and should go after any media company who used her photos without permission. I can’t see any way that they can claim fair use.
Nothing in Instagram’s Terms of Use releases photos to the public domain. “Instagram does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service…”
Just like every other site in the world, you keep your copyright and grant a license to the site. The only people who claim that everything on the Internet is public domain are idiots and thieves.
you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service
* that means instagram can give that content to anyone they want for any reason they want without paying you.
Sure, Instagram can grant permission to use the photos. They can also withhold permission. You don’t need anyone’s permission to use public domain material.
If Hollywood wanted to make a movie with these pictures, I suspect Instagram would demand payment.
And that’s the problem, because granting Instagram a license to use the photos themselves is reasonable and necessary, giving them permission to sell license is not. I avoid sites with those types of terms.
Mike… please.
She knew what she was doing, she was more than happy to do press and interviews around this whole thing. What you are being told is her “aliby” now in an attempt to save her career. A lawsuit will probably root out of the trust of the matter.
*truth, not trust. Trust was what was broken. UK tabloids and NY Post pay for stories.