Upload & Sell: Off
| p.1 #3 · p.1 #3 · Facebook owned Instagram does some backpedalling! |
I don't see how Facebook's policy is much different than what they were trying to do with Instagram-- the only difference being the illusion of your ability to "control" how FB uses your images through (hard-to-find legal terms regarding your) Privacy Settings!!!!!! Public privacy settings on FB = permission to use your posted photos, sell them, use them in an ad, for free forever !
FB Legal Terms state, if your PRIVACY SETTINGS are set to PUBLIC (as most photographer's are!) anything you post to FB grants FB
" 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.' http://www.facebook.com/legal/terms
Changing your settings to Private, deleting your images from FB, or closing your FB account isn't enough though. If someone else has posted your images on their FB page, and their Privacy settings are "Public", FB still has this "license" to your images. Isn't that special.
This is different from having your images on your website for the public to see. You aren't legally granting the public a free, non-exclusive license to your work; so, if it's used without your permission you have the legal right to go after them (as a photographer did with this blogger: http://tinyurl.com/72j7kph). Or, you can authorize a DMCA takedown yourself (dmca.com), and often get the person's web host to remove the images.
IF FB did not want to USE your images now or later on, they would not have that language in their legal terms. FB owns Instagram and FB made it clear they wanted to use everyone's posted images and videos for free! As cnet said, " effectively transforming the web site into the world's largest stock photo agency."
If enough people get irate at FB maybe they'll backpedal their own legal terms the way they've done with Instagram? Instead, I see tons of pro photographers posting their images to FB with Public settings.