Facebook's ownership of YOUR photographs

[MrUsefull]

Now the way I understand things, Facebook basically owns your picture once you upload it to their servers. That means that they could technically sell that picture and make a profit on it. The probability of them actually doing something like this is pretty slim, but I still find it a cause for concern.

I've written a blog post about this a few days ago (Alright Hear This - Rockland (Ottawa), Ontario Photography - Blog - Photographers andFacebook) and haven't received many answers from photographers. So I'm turning to you, DPS forums.

Facebook being such an important business tool for photographers, how do you deal with this issue of ownership? Put up photos with watermarks? Put up links to pictures instead? Don't upload pictures at all? I don't really see dropping Facebook completely as an option for now.

Give me your ideas.

[Izzy]

Everything has a water mark on it. I do not upload to FB instead I have a flickr and photobucket account. PB is linked to my FB so it posts every time I upload something new.

[SandeeWig]

I just saw this disclaimer on my FB account settings (Facebook Ads tab), that indicates otherwise. I have not recently read the entire Terms & Conditions, but did notice that there is also a place within your account settings where you can now download all of your FB content.


FBPhotos by Sandee Wig, on Flickr

[SusanH1970]

Originally Posted by SandeeWig

I just saw this disclaimer on my FB account settings (Facebook Ads tab), that indicates otherwise. I have not recently read the entire Terms & Conditions, but did notice that there is also a place within your account settings where you can now download all of your FB content.


FBPhotos by Sandee Wig, on Flickr

Although you retain copyright, FB does reserve the right to USE your photos any way they damn well please:

(Copied and pasted from their T&C; boldface is mine)

"You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:

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 unless 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. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, read our Privacy Policy and Platform Page.)
4. When you publish content or information using the "everyone" 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).
5. 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)."

[SandeeWig]

Ahhhhh....knew i should've read those damn terms first! lol! Thanks, Susan!

ETA: They have to have those terms in there, otherwise, applications built w/in the FB would not operate the way they do...which is why I have my privacy settings locked down like Alcatraz, and check them every month or so b/c FB changes the options so often.

[dakwegmo]

Originally Posted by SusanH1970

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 unless your content has been shared with others, and they have not deleted it.

For some reason people seem to ignore the parts I've bolded above. These two phrases significantly limit what Facebook can do with with you images, and they are just as relevant as the parts that say you're granting them the license.

[SusanH1970]

Originally Posted by dakwegmo

For some reason people seem to ignore the parts I've bolded above. These two phrases significantly limit what Facebook can do with with you images, and they are just as relevant as the parts that say you're granting them the license.

True - thanks for pointing that out. However, that's great for my personal photos on my personal page that I keep private (friends only), but not so much for people (me included) who have "fan pages" and want the world to see the photos, in order to attract business.

[dakwegmo]

Originally Posted by SusanH1970

True - thanks for pointing that out. However, that's great for my personal photos on my personal page that I keep private (friends only), but not so much for people (me included) who have "fan pages" and want the world to see the photos, in order to attract business.

But it effectively eliminates any market for those shots outside of Facebook. If all I have to do to terminate Facebook's license is change my privacy settings and/or delete the photos. Then it severely limits what Facebook can reasonably expect to do with those images. I.e. they wouldn't be able to create a stock library of images to sub-license, or create a merchandising operation with prints, postcards, etc. from your shots.

[UlpilotSC]

I've started removing stuff from facebook and putting it on my blog. The blog publishes a link to facebook, but technically none of my pics are actually ON facebook. So my friends can click on my blog page and read stuff, and make comments, but there's no facebook rights-grab to worry about.

[ravncat]

"any IP content that you post on or in connection with Facebook ("IP License")"

as written above, seem to put linked content under facebooks umbrella - best thing to do is go to the privacy and application settings....