Intellectual Property issue on facebook last night

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Texashiker

Lifer
Dec 18, 2010
18,811
197
106
Texas, I spend 6 years of my life doing licensing negotiations for a major corporation. I can tell you that their TOS gives them permission to re-use, for commercial use, photos you post on Facebook. This right is non-exclusive, meaning that you retain the rights to use them, for profit, including selling those same rights to others, of those pictures (I would have to dig deeper, but you have probably given up your right to sell exclusive use of those photos.) But they definitely have the right to post those pictures for commercial use.

In other words, Facebook could take a photo of yours and put it on a billboard advertising Facebook, or one of it's partners.

Its about the same type of TOS youtube has.

I grant them non-exclusive rights, and I retain ownership of the material.
 

lxskllr

No Lifer
Nov 30, 2004
57,662
7,894
126
No, this is not a troll thread.

Have you ever created anything? Wrote an article, ran a website, made a video?

Ever made anything that you wanted to protect?

Anybody is free to reuse anything I do. The only line I'd draw is distorting things I say without it being obvious satire. If I were 20 years younger, I'd be writing engineering software, and it would be as copyleft as I could make it. That's how we get ahead as a civilization. We share, adapt, and expand information. Clutching on to data like petulant two year old isn't good for anyone.
 

Brigandier

Diamond Member
Feb 12, 2008
4,395
2
81
Copyrights exist such that the creators of content are not robbed of monetary gain from the creations of their mind. All speech is not protected under copyrights, only such speech that derives value and potential monetary gain.


You posted the pictures to Facebook, and Facebook may get more posts because of your pictures. You, are the driving force of Facebook. So, you're angry someone else reposted the pictures on Facebook, generating Facebook more revenue. Perhaps you should ask Facebok for a share of their profits for posting your content. No, one person cannot, and could not affect that change. Perhaps, then, you should form a union of posters that demand some payment for their contribution.
 

SMOGZINN

Lifer
Jun 17, 2005
14,218
4,446
136
Its about the same type of TOS youtube has.

I grant them non-exclusive rights, and I retain ownership of the material.

Yes, most social media type sites have a similar TOS. It saves them from a lot of litigation, and gives them a treasure trove of media (to mine). There is some real questions that need to be answered by courts concerning the legality of these umbrella contracts as they relate to minors and other people unable to legally enter into a contract, but for the most part the courts have held these contracts as good.
 

Texashiker

Lifer
Dec 18, 2010
18,811
197
106
etc, etc, ad nauseum, ad infinitum....

Aren't you supposed to be finding an vaccine for some rare disease nobody ever catches?

When are we going to get a chicken vaccine for rabies?


Yes, most social media type sites have a similar TOS. It saves them from a lot of litigation, and gives them a treasure trove of media (to mine). There is some real questions that need to be answered by courts concerning the legality of these umbrella contracts as they relate to minors and other people unable to legally enter into a contract, but for the most part the courts have held these contracts as good.

Uploading a video to youtube, or anything to facebook does not mean I relinquish my property rights.

When someone downloads that video or image and re-uploads it, I lose control of the content.

As the property owner, I have to retain control.
 
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zinfamous

No Lifer
Jul 12, 2006
110,810
29,564
146
Aren't you supposed to be finding an vaccine for some rare disease nobody ever catches?

When are we going to get a chicken vaccine for rabies?

I don't work in immunology, brosef.

I currently work with sex chromosome evolution.

so, like, trying to figure out why Y chromosomes are so fucking degenerate, and stuff.

:hmm:

I think I'm going to suggest submitting various examples from these forums in the next paper!
 

WelshBloke

Lifer
Jan 12, 2005
30,981
8,698
136
Uploading a video to youtube, or anything to facebook does not mean I relinquish my property rights.

When someone downloads that video or image and re-uploads it, I lose control of the content.

As the property owner, I have to retain control.

People have already told you how to do that.
 

GoSharks

Diamond Member
Nov 29, 1999
3,057
0
76
It is pretty obvious that most of you in this thread are not photographers that care about IP laws.

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.

https://www.facebook.com/legal/terms

By posting a picture onto Facebook, they are able to use your pictures on their site and any related opportunities. However, that does not mean that an unrelated third party (versus second party) can copy your pictures and claim them as their own.
 

WelshBloke

Lifer
Jan 12, 2005
30,981
8,698
136
It is pretty obvious that most of you in this thread are not photographers that care about IP laws.



By posting a picture onto Facebook, they are able to use your pictures on their site and any related opportunities. However, that does not mean that an unrelated third party (versus second party) can copy your pictures and claim them as their own.

You missed out part 4.

When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
 

SMOGZINN

Lifer
Jun 17, 2005
14,218
4,446
136
Uploading a video to youtube, or anything to facebook does not mean I relinquish my property rights.
No, you are extending use rights. You have only lost one right, the right to exclusivity, but that right is always lost in a public use case.

Simple put, you can't give Facebook permission to put this picture on potentially millions of peoples pages and inboxes (which is what happens when I get a "Texashiker just posted a new photo email") and keep exclusive rights to the photo.


When someone downloads that video or image and re-uploads it, I lose control of the content.

As the property owner, I have to retain control.

You lost exclusive control of it when you agreed to extend those rights to Facebook by uploading it to their servers. You did not lose total control.
 

jagec

Lifer
Apr 30, 2004
24,442
6
81
It is pretty obvious that most of you in this thread are not photographers that care about IP laws.



By posting a picture onto Facebook, they are able to use your pictures on their site and any related opportunities. However, that does not mean that an unrelated third party (versus second party) can copy your pictures and claim them as their own.
Do you know what "transferable" and "sub-licensable" mean?

Also, other Facebook users are not "unrelated third parties".
 

KeithTalent

Elite Member | Administrator | No Lifer
Administrator
Nov 30, 2005
50,235
117
116
By posting a picture onto Facebook, they are able to use your pictures on their site and any related opportunities. However, that does not mean that an unrelated third party (versus second party) can copy your pictures and claim them as their own.

But that is not what is happening here at all as far as I can see. No claims of ownership and no attempt to profit.

KT
 

GoSharks

Diamond Member
Nov 29, 1999
3,057
0
76
Do you know what "transferable" and "sub-licensable" mean?

Also, other Facebook users are not "unrelated third parties".

Unless you can show me in writing where the license is transferred, they are unrelated third parties when it comes to this situation.
 

GoSharks

Diamond Member
Nov 29, 1999
3,057
0
76
You missed out part 4.

You still own the content though, and unless you can show me where there is a license between either the content owner or Facebook and the unrelated person who posted these pictures, none of that matters. OP should technically be able to get the pictures removed through this:
Facebook respects the intellectual property rights of others and is committed to helping third parties protect their rights. Our Statement of Rights and Responsibilities prohibits users from posting content that violates another party's intellectual property rights. When we receive a valid notice of IP infringement, we promptly remove or disable access to the allegedly infringing content. We also terminate the accounts of repeat infringers in appropriate circumstances.
https://www.facebook.com/legal/copyright.php?howto_report
 

jagec

Lifer
Apr 30, 2004
24,442
6
81
Unless you can show me in writing where the license is transferred, they are unrelated third parties when it comes to this situation.
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).

Also, note this section:
You will not collect users' content or information, or otherwise access Facebook, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
In other words, A-OK to collect users' content or information manually.
 

SMOGZINN

Lifer
Jun 17, 2005
14,218
4,446
136
You still own the content though, and unless you can show me where there is a license between either the content owner or Facebook and the unrelated person who posted these pictures, none of that matters. OP should technically be able to get the pictures removed through this:

Been posted about 5 times in this thread so far:

http://www.facebook.com/legal/terms
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).

This amounts to a global contract with the IP holder to transfer all use licenses to everyone else in the world.

EDIT: Think about this, every time someone likes a photo it appears on their wall or timeline. If you didn't get a use license that would be a copyright infringement, every single time. Facebook would not be possible at all under the conditions you are trying to imply.
 
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ImpulsE69

Lifer
Jan 8, 2010
14,946
1,077
126
Once again..all this could have been avoided by just not using Facebook.

Contrary to what you might think, you have no rights on the internet. Ask America.
 

RbSX

Diamond Member
Jan 18, 2002
8,351
1
76
How do you figure the image belonged to facebook?

When you upload an image or video to a website like youtube or facebook, you grant the site non-exclusive rights to the material.

When you upload a video or image to a site, you do not release your Intellectual Property rights. You retain ownership of the material.




Where is your car or truck parked at right now? Is it where the public can see it? Would it be ok if someone took your car/suv/truck without permission?


Read the terms of use when you sign up for an account.
 

GoSharks

Diamond Member
Nov 29, 1999
3,057
0
76
Been posted about 5 times in this thread so far:

http://www.facebook.com/legal/terms


This amounts to a global contract with the IP holder to transfer all use licenses to everyone else in the world.

EDIT: Think about this, every time someone likes a photo it appears on their wall or timeline. If you didn't get a use license that would be a copyright infringement, every single time. Facebook would not be possible at all under the conditions you are trying to imply.

Ok. On second glance that is probably right. Simple solution, change from Public (if that was even the case at first) and go after them through https://www.facebook.com/legal/copyright.php?howto_report

Not sure about your edit. I think Facebook is the one that is displaying the IP. You are not personally posting/uploading the IP.
 
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