Interesting Read - posting on Facebook

[ilove2eatcake]

My cousin (she's also my lawyer) sent me this. It's just a small blurb about posting on facebook. Happy reading :)

Interesting. www.photoattorney.com - see post dated January 11, 2009.

Most people (including myself) do not read the terms of use for FB - this post notes that under the terms, FB is granted a license for any photo you post, including the right to grant sublicenses. The short version? That amazing photo you posted last week could be used in pretty much any way FB wants to promote the site.

So if you allow your clients to post on their social networking, they are inadvertently giving unexclusive licenses to Facebook. The client is in breach of your agreement and in breach of Facebooks agreement, because when they post they are representing and warranting they are the proper copyright claimants.

[MyKey]

This is standard for almost ALL online hosting or upload sites

MySpace
Flickr
Photo Bucket

Just to name a few

And yes they for all reasons OWN your photo to use as they would like by you accepting the terms before uploading.

[ngoduyviet]

Originally Posted by MyKey

This is standard for almost ALL online hosting or upload sites

MySpace
Flickr
Photo Bucket

Just to name a few

And yes they for all reasons OWN your photo to use as they would like by you accepting the terms before uploading.

This is exactly why I don't post a lot on any of these free hosting / networking sites except for shots that I don't care one way or another.

[photopam]

Thanks for sharing. I'll be more careful about what I post!

[AllenAyres]

Another reason for a nice-size watermark :)

[BabyHopes]

I've read through the terms on facebook and without digging it back out, it also clearly says that should you choose to remove your photo from fb, you null any permissions you have given them. So, it's really not as though they are taking your image and going to sell it to Nike for a premium, but rather they need to be able to resize or create thumbnails of your image as per the needs of their site without gaining permission every single time a page loads.

ETA: I just reread your OP and realize I may have misunderstood you. Is your concern that the client, who may be uploading a slideshow to facebook, is "because when they post they are representing and warranting they are the proper copyright claimants." Or is it the idea that facebook has been now authorized to use your image?

[Kalrog]

From a technical standpoint, they really do need a license to reproduce all of those pictures - otherwise all the caching services out there (which EVERYONE uses to speed things up) could be in legal trouble. But it would be nice if it were more restrictive.