What's the general consensus on rights regarding posting photos on Facebook?

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What's the general consensus on rights regarding posting ...

charlesk
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p.1 #1 · What's the general consensus on rights regarding posting photos on Facebook?

Hello fellow photogs,

I'm finally joining the 21st century and getting active on Facebook, at least in part to try to promote my photography. I've seen a lot of back and forth about the "safety" of posting images on Facebook, with some people saying this means you are signing your rights away, and others saying this is nonsense and you are only giving them the right to publish the photos for others to see.

Any thoughts on this would be welcome.

(I'd actually prefer to just link to my photos on my own site, but when you do that, they only show as thumbnails. My wife is pretty good with FB and says that there's no way to have photos on third-party sites show the same way they do on FB itself.. maybe she missed something?)

Thanks.

Sep 04, 2012 at 07:21 PM

Sarsfield
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p.1 #2 · What's the general consensus on rights regarding posting photos on Facebook?

You ARE signing your rights away with photos on Facecrapbook. It's right in their TOS:

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.

Sep 04, 2012 at 09:12 PM

charlesk
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p.1 #3 · What's the general consensus on rights regarding posting photos on Facebook?

But even what you posted says clearly "You own all of the content and information you post on Facebook..."

Of course they have TOS terms giving them permission to use the content on Facebook. Otherwise they couldn't show it to anyone.

Am I missing something here?

Sep 04, 2012 at 11:01 PM

Sarsfield
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p.1 #4 · What's the general consensus on rights regarding posting photos on Facebook?

I believe the wording may be there to protect themselves from lawsuits stemming from unauthorized use of posted photos but the wording is pretty clear - you are giving them the right to use any photo of yours that you may post. Even though it may just be CYA wording, the implication is that they can do what they please with anything that's posted on that domain. The words, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license are what scares me.

Sep 04, 2012 at 11:51 PM

jcolwell
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p.1 #5 · What's the general consensus on rights regarding posting photos on Facebook?

IMO, if you post it there, you`re giving it up. The real question is, if somebody else posts it there, or if they post a link to it, or if you post a link to it, are you giving it up (or have you lost it)? I think, their view is, yes, you've lost it.

Resistance is fu... damn, I forget.

Sep 05, 2012 at 02:52 AM

borderlight
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p.1 #6 · What's the general consensus on rights regarding posting photos on Facebook?

Otherwise they couldn't show it to anyone.

Am I missing something here?

I think the "they" that eludes you really refers to the half billion subscribers who you didn't sign an agreement with. Your work is now the "peoples work". Thanks for sharing, comrade.

Sep 05, 2012 at 12:43 PM

charlesk
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p.1 #7 · What's the general consensus on rights regarding posting photos on Facebook?

Okay, so people on Facebook can take my low-res, watermarked images and share them around. People do that anyway -- take them right off my website.

Seriously, is there anything different here? I'm just trying to understand this.

Sep 05, 2012 at 01:52 PM

Sarsfield
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p.1 #8 · What's the general consensus on rights regarding posting photos on Facebook?

If you are not concerned about what you are going to post there then why ask? I don't get your question if you are already going to protect your full res images.

Sep 05, 2012 at 03:09 PM

charlesk
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p.1 #9 · What's the general consensus on rights regarding posting photos on Facebook?

Sarsfield wrote:
If you are not concerned about what you are going to post there then why ask? I don't get your question if you are already going to protect your full res images.

I *am* concerned about it, I'm just pushing back a bit because I don't find the arguments convincing so far, and I'm hoping someone can convince me solidly one way or the other.

Sep 05, 2012 at 03:25 PM

borderlight
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p.1 #10 · What's the general consensus on rights regarding posting photos on Facebook?

I don't find the arguments convincing so far

I think Sarsfield has a point. You've got your bases covered. I don't think it is any of our business to "convince" you any further. Seek legal counsel if you must.

Sep 05, 2012 at 06:15 PM

jcolwell
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p.1 #11 · What's the general consensus on rights regarding posting photos on Facebook?

You really haven't tried very hard. Here's what I found in about five seconds, using the Facebook Help link.

Facebook Help, Q "photo copyright"

How do I know whether my copyright is being infringed by content that someone shared on Facebook?

Facebook’s Statement of Rights and Responsibilities prohibits users from posting copyrighted content to Facebook unless they own the copyright or are authorized to post the copyrighted content. If a Facebook user has shared your original work of authorship without your permission, you may want to seek legal advice as to whether your rights have been infringed.

You can get more gorey details at the Facebook Statement of Rights and Responsibilities, which cites a requirement for compliance with THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 http://www.copyright.gov/legislation/dmca.pdf

Sep 06, 2012 at 11:18 AM

borderlight
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p.1 #12 · What's the general consensus on rights regarding posting photos on Facebook?

Ah ha. It's the essence of the copyright law republished on Facebook. Even I am convinced now.

Sep 06, 2012 at 12:16 PM

trenchmonkey
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p.1 #13 · What's the general consensus on rights regarding posting photos on Facebook?

Few FB tips: post low res ~720 wide and crop such that removing your watermark will
chop off heads or feet. Check friends and (friends of friends) for unauthorized use of
your pics. Often screen shots from your website will appear and FB has been great in
having the offenders remove them. I've actually gleaned a few sales from them once
they realize for as little as $6 they can have a "clean" file to do with as they wish.

Sep 06, 2012 at 09:35 PM

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