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Thread started 15 May 2009 (Friday) 09:55
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Facebook owns your photos

 
jeffbox
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May 15, 2009 09:55 |  #1

http://www.facebook.co​m/group.php?gid=631495​0779 (external link)

After I read that I decided I'm no longer going to post my artistic/landscape pictures on facebook. I know 604px resolution is crap but I REALLY don't like the idea that they can use anyones' pictures for ANY purpose!

What do you think about this?


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Pete
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May 15, 2009 10:00 |  #2

Have you actually read the Facebook T&C though?

Facebook wrote:
# Sharing Your Content and Information

You own all of the content and information you post on Facebook, and you can control how we share your content through your privacy and application settings. In order for us to use certain types of content and provide you with Facebook, you agree to the following:

1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us 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 (except to the extent your content has been shared with others, and they have not deleted it).
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

They don't own your images. They just need permission to share your content on your behalf based on your privacy settings across the network that they provide for you to link your content with others.


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Yella ­ Fella
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May 15, 2009 10:06 |  #3

thats good to know :) thanks for the info


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BOUNCINGNRG
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May 15, 2009 10:23 |  #4

I've heard this before and they seem to change the T's&C's all time.


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CAL ­ Imagery
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May 15, 2009 10:24 |  #5

I still put a nice watermark on any picture of mine worth anything on facebook.


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tigerotor77w
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May 15, 2009 10:43 |  #6

Pete wrote in post #7926511 (external link)
Have you actually read the Facebook T&C though?

#1 is the hazy point for me, however -- I haven't found anything that says "Facebook won't use your IP without your consent [check here]."

Specifically, just after the comment about pursuant to application and privacy settings, we have this line:

You grant us 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")

So... if this is the default (i.e. leaving all privacy settings unchecked), then where is the setting that says, "Absolutely not -- I am NOT giving Facebook the right to do whatever it wants with my photos"?


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saturnin
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May 15, 2009 10:46 |  #7
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yah all those sites that calim they own your photos.. who cares really... the chances that they will SELL or profit from it is very rare.. i watermark everything thats important.. done and done


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Alleh
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May 15, 2009 11:47 |  #8

They have to have the license to allow other people to see your photos on there site. They probably wont start profiting of peoples work as it would ruin their reputation.


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jacuff
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May 15, 2009 12:55 |  #9

I think you need to get some more current information...

http://www.facebook.co​m/fbsitegovernance (external link)
http://blog.facebook.c​om/blog.php?post=79146​552130 (external link)


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basroil
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May 15, 2009 15:39 |  #10

Alleh wrote in post #7927179 (external link)
They have to have the license to allow other people to see your photos on there site. They probably wont start profiting of peoples work as it would ruin their reputation.

Not too sure about that... Many ads I've seen are most likely taken from personal profiles, they just have that look. May be "professionally" done in terms of proper licensing, but for a company that has no contact line for copyright violations (and removed their "report" feature for copyright violations), not too sure they would care too much about reputation with other professionals.

Pete wrote in post #7926511 (external link)
Have you actually read the Facebook T&C though?

They don't own your images. They just need permission to share your content on your behalf based on your privacy settings across the network that they provide for you to link your content with others.

Not entirely true:

This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).

By that rule, as soon as it was on their website and someone else copied the image, they do not need your permission for anything. This is equivalent to saying "Your stuff is yours until someone copies it and calls it their own. Then it's their stuff for all intensive purposes"

Best of all, if something does happen (assume some site designer uses facebook as a royalty free photo agency due to it's rules, which is technically valid operation even if it is against US laws for an individual to do so), facebook will not reimburse you even if they are at fault through their terms of use:

WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FACEBOOK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FACEBOOK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FACEBOOK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


But basically doesn't change any facts, you should never put professional pictures on facebook without nice, large watermarks that cannot be removed or cropped.


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DDCSD
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May 15, 2009 22:34 |  #11

Those terms are pretty much standard for any website that you upload your photos onto. They have to have those terms in order to be able to display the images that you upload. Otherwise, you could technically upload your photos to FB and then turn around and sue them for copyright infringement.

Check the T&C for any website that you upload photos to (Smugmug, Zenfolio, Flickr, etc...). It is pretty much identical.


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S-S
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May 15, 2009 22:39 as a reply to  @ basroil's post |  #12

ok who here has even seen one of their photos being used by facebook for ANYTHING that could be classed as assuming ownership?




  
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jeffbox
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May 15, 2009 22:55 |  #13

Pete, I have read it but it seems like you own your content, but they can use it however they like, and for profit. I understand that is probably necessary to not get sued but it still makes me a little uneasy.

But basically doesn't change any facts, you should never put professional pictures on facebook without nice, large watermarks that cannot be removed or cropped.

I agree. It's too bad though, I like having good pictures on facebook. Huge watermarks ruin them.

Those terms are pretty much standard for any website that you upload your photos onto.

Interesting, I don't use any of those programs. I just host them on a website that I pay $11/year to renew. Although, really I'm just redirecting from a nice URL to blogger. I can't find if Google/Blogger claims to own my photos too.

Maybe I'm just being paranoid.


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DDCSD
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May 15, 2009 23:45 |  #14

jeffbox wrote in post #7930560 (external link)
Pete, I have read it but it seems like you own your content, but they can use it however they like, and for profit. I understand that is probably necessary to not get sued but it still makes me a little uneasy.

I agree. It's too bad though, I like having good pictures on facebook. Huge watermarks ruin them.


Interesting, I don't use any of those programs. I just host them on a website that I pay $11/year to renew. Although, really I'm just redirecting from a nice URL to blogger. I can't find if Google/Blogger claims to own my photos too.

Maybe I'm just being paranoid.



Here's what blogger.com's ToS says about your Intellectual Property that you post on or through their website (http://www.blogger.com​/terms.g (external link))

Your Intellectual Property Rights. Google claims no ownership or control over any Content submitted, posted or displayed by you on or through Google services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Google services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Google services which are intended to be available to the members of the public, you grant Google a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Google services for the purpose of displaying and distributing Google services. Google furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

Sound familiar?


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DDCSD
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May 15, 2009 23:49 |  #15

A few months ago Facebook quietly changed their ToS to state that they own your photos, and own them even after they are deleted from their servers. There was a huge uproar, and they reverted back to basically the same terms as any other website that is involved in displaying photos.


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Facebook owns your photos
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