Moderators: richierich, ua900, PanAm_DC10, hOMSaR

Topic Author
Posts: 558
Joined: Wed Apr 05, 2006 2:36 am

Petapixel Article On Photo Ownership

Tue May 12, 2015 6:49 pm

The following article was posted to Petapixel today regarding photos uploaded to Facebook:
User avatar
Posts: 440
Joined: Mon Feb 04, 2013 3:31 am

RE: Petapixel Article On Photo Ownership

Wed May 13, 2015 5:29 am

"Update: Facebook tells us that the representative’s response was incorrect. Here’s what a Facebook spokesperson tells us via email:

The information given in these emails is incorrect. Our terms are clear that you own the content you share on Facebook, including photos. When you post something, you simply grant Facebook a license to use that content consistent with our terms, including displaying it to the audience you’ve shared it with.

In addition, we prohibit people from posting content that violates someone else’s intellectual property rights. If a rights owner believes that content on Facebook violates their rights, they may report it to us. Upon notice, we stand ready to respond including by removing the content from Facebook."
Posts: 4586
Joined: Fri Aug 27, 2010 12:26 am

RE: Petapixel Article On Photo Ownership

Wed May 13, 2015 2:10 pm

Yes. "consistent with our terms" ... and what do those terms say?

[copied from the]

"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."

Key things to note here - the licence is transferrable and sub-licensable. Basically in simple terms that means FB can legally do pretty much anything they want to your images. Would you give a magazine such a license??

I'm not suggesting the FB are currently doing anything untoward that I know of, but, if for example, Getty wanted to buy all the images on FB for resale through their own channels, FB could sell them. You could of course remove your images, but I wonder how practical that would be given that FB retains their licence rights if the image has been shared on another FB account.

Now compare this to the T&C for Pinterest: [from]

"You grant Pinterest and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content on Pinterest solely for the purposes of operating, developing, providing, and using the Pinterest Products".

OK, so here we see the same sort of words but with the all so important caveat
"solely for the purposes of operating, developing, providing, and using the Pinterest Products".

I think when you compare the two paragraphs side by side, the omission of the limitation of the licence on FB's part is glaring and potentially hugely significant.

Whatever a FB rep or anyone else might say about intentions etc. what really matters are the terms you agree to when you use the service.

Of course this has nothing to do with people uploading other peoples content, which is another thing altogether and does appear reasonably covered in the FB T&C.

But as I understand it, by uploading to FB you will not lose your IP rights, but you may lose control of how your images are used.

In the interest of full disclosure, I dislike FB, partly due to lack of trust, partly due to headaches caused by their constantly changing code making web integration a PITA. I do use Pinterest because it offers exposure without compromising my rights.



Who is online

Users browsing this forum: No registered users and 5 guests

Popular Searches On

Top Photos of Last:   24 Hours  •  48 Hours  •  7 Days  •  30 Days  •  180 Days  •  365 Days  •  All Time

Military Aircraft Every type from fighters to helicopters from air forces around the globe

Classic Airliners Props and jets from the good old days

Flight Decks Views from inside the cockpit

Aircraft Cabins Passenger cabin shots showing seat arrangements as well as cargo aircraft interior

Cargo Aircraft Pictures of great freighter aircraft

Government Aircraft Aircraft flying government officials

Helicopters Our large helicopter section. Both military and civil versions

Blimps / Airships Everything from the Goodyear blimp to the Zeppelin

Night Photos Beautiful shots taken while the sun is below the horizon

Accidents Accident, incident and crash related photos

Air to Air Photos taken by airborne photographers of airborne aircraft

Special Paint Schemes Aircraft painted in beautiful and original liveries

Airport Overviews Airport overviews from the air or ground

Tails and Winglets Tail and Winglet closeups with beautiful airline logos