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Facebook now owns your images
Old 02-17-2009, 08:38 AM   #1 (permalink)
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Don't know if any of you post your photography on Facebook, but this might cause you to rethink that decision. According to the article, Facebook changed it policy to state that they own all the content on their site, including your photos.

Here's a link to one article on the subject:
http://cbs2chicago.com/consumer/face....2.936694.html
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Re: Facebook now owns your images
Old 02-17-2009, 10:37 AM   #2 (permalink)
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And what could they possibly do with a 600x400 jpg image that has been resized with a crappy algorithm and has a big logo on it? I've seen this posted on every photo forum and as far as I'm concerned, it's a non issue. They can 'own' those 50k bytes if they want
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Re: Facebook now owns your images
Old 02-17-2009, 12:34 PM   #3 (permalink)
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Does anyone know if Facebook is owned by Internet Brands?

This is exactly the kind of stunt that Internet Brands has been trying to get away with since they bought Model Mayhem 8 months ago and it has created a storm of controversy with most of the good photographers (and there are a few 'good' photographers) on Model Mayhem threatening to leave unless Internet Brands got real and it seems to have worked because Internet Brands backed down real quick when they saw all of the trouble they had stirred up.

Some people just never learn and if enough people on Facebook raise a stir whoever is behind the image hijacking there will likely back down. Please keep us advised.
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Re: Facebook now owns your images
Old 02-17-2009, 03:36 PM   #4 (permalink)
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Model Mayhem...PFFFFFT!!
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Re: Facebook now owns your images
Old 02-17-2009, 03:38 PM   #5 (permalink)
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It's pathetic that these site owners think they can take ownership of something they didn't create but watch how quickly they'd have a lawyer on you if you tried to copy their web site design for your own or tried to use something of theirs and call it your own.
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Re: Facebook now owns your images
Old 02-17-2009, 05:15 PM   #6 (permalink)
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Marty, the story you linked to doesn't even cite the Terms of Service, it just makes (yet another) wildly sensational alarmist claim.

The actual offending paragraph of the Terms of Service reads:

Quote:
Originally Posted by Facebook TOS
You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Facebook Service or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.
Where does it claim "ownership?"

Now, I'm just as rabidly reactionary about protecting my copyright as the next guy, but some of the people commenting are going off the deep end with this without even reading the TOS. This isn't the first time or the first site. How many of you use Photobucket, for example? Or MySpace? Have you read their TOS? Have you read GG's TOS? Do you have a blog? Same language. The same language exists on every other social and professional networking site (as well as publications that accept submissions) where user content is uploaded for the purposes of promoting the user. Do you have your own website? The same language also exists in your contract with your hosting company.

All Facebook is doing is protecting themselves from an actionable tort.

Here's the sticky part though:

Quote:
Originally Posted by Facebook TOS
You represent and warrant that you have all rights and permissions to grant the foregoing licenses.
With a microscopic percentage of exceptions, no model (for example) has that right and permission (and in fact is typically specifically prohibited from granting a third-party license), and by posting images shot by a photographer is technically in violation of the TOS as well as violating his/her release agreement terms with his/her photographer.

But, if that "license" language wasn't present, they wouldn't be able to operate the site. "Good faith" does have an application in IP law.

Oh, and as for the "perpetual cache" issue, I only have one word: Google.
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Re: Facebook now owns your images
Old 02-18-2009, 06:40 AM   #7 (permalink)
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To add to Mr. JohScott's post, here is something from Facebook, they may have changed their Terms Of Service, but they have changed it back, here is a link to a Facebook blog.

http://blog.facebook.com/

Here's the text, but of course, feel free to look for yourself.

The Facebook Blog


Displaying the last 10 posts.


Update on Terms
Share

by Mark Zuckerberg Today at 1:17am

A couple of weeks ago, we revised our terms of use hoping to clarify some parts for our users. Over the past couple of days, we received a lot of questions and comments about the changes and what they mean for people and their information. Based on this feedback, we have decided to return to our previous terms of use while we resolve the issues that people have raised.

Many of us at Facebook spent most of today discussing how best to move forward. One approach would have been to quickly amend the new terms with new language to clarify our positions further. Another approach was simply to revert to our old terms while we begin working on our next version. As we thought through this, we reached out to respected organizations to get their input.

Going forward, we've decided to take a new approach towards developing our terms. We concluded that returning to our previous terms was the right thing for now. As I said yesterday, we think that a lot of the language in our terms is overly formal and protective so we don't plan to leave it there for long.

More than 175 million people use Facebook. If it were a country, it would be the sixth most populated country in the world. Our terms aren't just a document that protect our rights; it's the governing document for how the service is used by everyone across the world. Given its importance, we need to make sure the terms reflect the principles and values of the people using the service.

Our next version will be a substantial revision from where we are now. It will reflect the principles I described yesterday around how people share and control their information, and it will be written clearly in language everyone can understand. Since this will be the governing document that we'll all live by, Facebook users will have a lot of input in crafting these terms.

You have my commitment that we'll do all of these things, but in order to do them right it will take a little bit of time. We expect to complete this in the next few weeks. In the meantime, we've changed the terms back to what existed before the February 4th change, which was what most people asked us for and was the recommendation of the outside experts we consulted.

If you'd like to get involved in crafting our new terms, you can start posting your questions, comments and requests in the group we've created—Facebook Bill of Rights and Responsibilities. I'm looking forward to reading your input.

***Edit***
This may be the part of the TOS that has people confused. Please take note of the folloing sentence from below:

Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. - You can upload and use, publish your own content.

http://www.facebook.com/facebook?ref...rms.php?ref=pf

Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
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Last edited by isaiahbrink; 02-18-2009 at 06:50 AM.. Reason: New Information
 
Re: Facebook now owns your images
Old 02-18-2009, 04:07 PM   #8 (permalink)
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Re: Facebook now owns your images
Old 02-19-2009, 10:20 PM   #9 (permalink)
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"Many companies are struggling with how to treat user-generated content on websites. Facebook, the social networking site that allows users to post their own content, quietly deleted "If you choose to remove your User Content, the license granted above will automatically expire" from its terms of use a couple of weeks ago. The deletion essentially granted Facebook a perpetual, non-exclusive license to use any content posted on the site. This weekend, a firestorm involving tens of thousands of user protests erupted over the change. Faced with a revolt, Facebook reinstated the clause yesterday. "
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