fbpixel
  
« Previous topic | Next topic »  
Reply to topic  
 First unread post  | 6 posts | 
by photoman4343 on Mon Nov 24, 2014 9:55 pm
photoman4343
Forum Contributor
Posts: 1784
Joined: 01 Feb 2004
Location: Houston, TX
I just got an email from Facebook announcing Privacy Basics and new terms and policies. I tried to include the links here, but I could not get the post to work correctly. Instead here is a copy of some of the terms info: 


2. Sharing Your Content and Information
 
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:
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.

I believe these become effective Jan 1, 2015. 

I sure do not like this language. I do not know if it is new or the same as in place right now. 

Joe Smith
Joe Smith
 

by Royce Howland on Mon Nov 24, 2014 10:55 pm
User avatar
Royce Howland
Forum Contributor
Posts: 11733
Joined: 12 Jan 2005
Location: Calgary, Alberta
Member #:00460
This language is exactly the same as what is already in the existing Facebook terms of service, so you're already bound by these terms if you're currently a Facebook user. Virtually all other social media / photo sharing sites have very similar language.

For me, the only real challenge / problem about these Facebook terms is the final statement -- "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." So basically if anything of yours is shared explicitly with others (as opposed to just posting it on your own timeline or page), it could be on Facebook forever. Even deleting your entire account is not enough, Facebook took the easy way out and doesn't chased down shared content to remove it.

Here's a link to the current terms of service, where you'll find the identical language:
https://www.facebook.com/terms.php
Royce Howland
 

by ewpreston on Wed Dec 03, 2014 5:39 pm
User avatar
ewpreston
Forum Contributor
Posts: 95
Joined: 09 May 2005
Location: Madison, WI
I think what's confusing at least to me is this sentence:

...you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive ...

so if I mark photos as shared with Friends only does that mean they don't have permission to use it? I'm not a lawyer, so I don't find that very clear.
Eric Preston
ericpreston.com
 

by Jeff Colburn on Thu Dec 04, 2014 1:03 pm
User avatar
Jeff Colburn
Forum Contributor
Posts: 336
Joined: 29 Oct 2010
Location: Cottonwood, Arizona
Ewpreston, I believe that if you mark them as Friends only, that Facebook won't use them. But in reality they will do whatever they want, even if that means changing the Terms Of Use.

The best thing to do with any content you put on any website is to assume the website will do whatever they want with it. Your only protection is a big watermark, and a small image at 72 ppi. And even these can be overcome with the proper software.

Have Fun,
Jeff
Fine Art Prints and Stock Photography of Arizona www.JeffColburn.com See my ebooks in the NatureScapes Store 25 Places To Sell Your Photographs And Photography Skills and The Vanishing Old West - Jerome
 

by Royce Howland on Thu Dec 04, 2014 1:21 pm
User avatar
Royce Howland
Forum Contributor
Posts: 11733
Joined: 12 Jan 2005
Location: Calgary, Alberta
Member #:00460
I would presume it means Facebook has permission to use our content within limits defined by our privacy and app settings. Say you upload photos and mark them as shared to friends only. Then if Facebook wanted to make their advertising model that sophisticated, the terms would appear to permit them to use your photos to target ads just to your friends.

The wording is somewhat ambiguous. But I certainly wouldn't interpret that our privacy or app settings on Facebook can outright prevent them from using our content in any way at all. The whole point of their terms is that our use of the platform grants Facebook "a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content ...". Our privacy and other settings may just narrow the window within which the content can be used.

If millions upon millions of people started setting their privacy config to be ultra-restrictive, two things would happen. #1 Facebook would stop being as useful for discovering interesting stuff, because if only existing connections can see it then by definition nobody new will come into your circle since they couldn't see anything you ever posted. #2 Facebook would likely would try to change their terms again to broaden their usage rights to the content we're uploading, because they need to make money and we're not paying directly for use of the platform.

Perhaps #3 they could start offering a paid level of access that would entitle paying users to escape some of the content rights-grabbing and ad-targeting.
Royce Howland
 

by Carolyn E. Wright on Fri Dec 05, 2014 10:18 am
User avatar
Carolyn E. Wright
Moderator
Posts: 1991
Joined: 06 Feb 2004
Location: Lake Tahoe, NV
Member #:00282
FB needs a license to use your photos on its service. This is a bit broader than they need:

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.

But if FB started ripping off photographers, they would have bigger problems. Some good ideas are to limit what you put available for public view on your FB account, host your photos elsewhere and link to them from FB, and put your watermarks/copyright notices ON your photos, not just adjacent to them. Finally, I see photographers who say "feel free to share this photo." Some viewers have to interpreted this to mean sharing is ok outside of FB, not just the FB "Share." Then the photographer is surprised to find their photos elsewhere. Their defense is: you said it was ok to share! Arghh!
Carolyn E. Wright, Esq.
Lawyer for Photographers and NSN Moderator
Photo Attorney® at www.photoattorney.com
 

Display posts from previous:  Sort by:  
6 posts | 
  

People Who Like This:
Powered by phpBB® Forum Software © phpBB Group