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Dangers and cautions with pictures and posts on social networks

13 may 2013 | In Tips | 3,1 thousand views | By

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A girl put a nice photo on your page and a while later stumbles upon his image being used by a company of hair into a collective shopping site. A model in the fight for Justice because of a photo copied and used in international porn site. An intern is fired and sued by the company for posting information Liars in your profile on social network. A person is offended in the social network. Outra discovers fotos indesejadas pelo site de busca.

Garota FacebookIn an era in which all people do is voluntarily shared on the internet, the image law area has gone through a real "wakeup call" to try to get the best solutions for such cases. The São Paulo Office Valverde Lawyers, specializing in Fashion Law – new area of law which encompasses advertising law, of image, Copyright, between other, Tips de como se proteger e o que pode ou não acontecer, from the moment that a photo or information is shared.

"The law protects us from internet-related acts. Se for invasão do computer, We can invoke the law 12737/12 (Carolina Law Dieckamn). In addition, the image is constitutionally protected as article 5 item X of the Federal Constitution, and the article 20 the Civil Code also protects the misuse of the image ", explains Michelle Hamuche, Associate of Valverde Lawyers.

Image sharing

"To share a photo on Instagram, We're automatically more susceptible to using this image, Since many share and comment

However these images may not be used for commercial purposes or for purposes other than those that led to its dissemination.

explains Mariana Valverde, also a member of the same Office.

Racism and disrespect

The face who suffered racism or disrespect in posts on the internet or even want a picture is deleted from a site search, the user can make complaint within the own social network; can notify the company responsible for the social network to remove the image or the comment of movement.

It is important to always write the URL through print scream to facilitate location of offender.

There are also judicial mechanisms, to remove or abstain from the use of the image or the offensive words.

"The offense can still apply for the repair of any damage to or loss. And in the criminal sphere, can the offender respond when the offending conduct also generate crime, such as racism, slander, defamation etc. "

According to the lawyers, o mesmo procedimento cabe para casos em que users realizam montagens com imagens postadas.

Citing brands and companies

Many consumers love to complain on networks. "We can mention brands and companies freely in our comments as expressions of opinion and demonstrate dissatisfaction. However, There's always a limit, Since the inverídicos or comments that constitute libel or defamation and may be coibidos by the company. ", explains Mariana. "The company offended may terminate in the social network and request the removal of the comments, as well as joining with legal action against the person, pleading including punitive damages, by concussion on the image of the brand/company. There are favorable case law in this sense. In addition companies can take measures under criminal. There are specific cases where people even lose employment due to abuse and slander in facebook

The image of the famous

The use of the images shared by the famous on their profiles, If it is for journalistic purposes, No problem. "But don't use can have purpose slanderously, defamatory or liar. Always observe the authorship of the photograph, Therefore, This image, same as for journalistic purposes must have permission from the photographer or the photographer's name or cite the source ", explains Mariana. "The image cannot be used for commercial purposes without permission. The image is the source of income for a celebrity, Therefore the use without permission is prohibited. They share for disclosure and it does not allow commercial use, just journalism. "

In Ivaiporã-PR, Computer engineer, Workgroup Administrator Tips in General. Passionate about technology and Informatics.



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