As a follow-up to our earlier post about Revoking an "Implied"
Software License, this interesting US case
(Davis v. Tampa Bay Arena Ltd.) deals with the use of
photographs on Facebook postings. A freelance photographer, Davis,
worked for the Tampa Bay Arena, taking photos for various events.
The photographer and arena had a verbal agreement since 1996, and
then a written agreement since 2000. The written agreement stated
that the arena had "rights to reproduce images for newsletter,
advertising, display prints, broadcast, and the [Forum] web
site." The agreement was also clear that Davis retained
copyright in the images.
That was the language dating from 2000. Fast forward 10 years,
and the arena started posting Davis's photos to its Facebook
page, something not contemplated in the scope of the original
agreement. However, for months Davis permitted the images to be
posted, and even set up a upload site to allow the arena's
marketing department to easily resize
