Photo Rights


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lastboltnut

Senior Member
Mar 23, 2006
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Where the wind blows...
Hi,

This morning I heard over the radio that Facebook has changed its T&Cs and user's uploaded content (photos and any other creations like literature) belongs to Facebook and they have to right to use them commercially.

I had a check on Facebook T&C and realised that its true:

Read the "Licenses" paragraph. They can use it for commercial and even sub-license it out!!

http://www.facebook.com/facebook?ref=pf#/terms.php?ref=pf

I am not going to post my "creations" in Facebook again. Will you?

This is just to share with everyone here that there is such a T&C in Facebook, decision is yours.

Have a nice day.
 

Irritating piece of turd....

I'm takling everything I have off there :angry:
 

Hi,

This morning I heard over the radio that Facebook has changed its T&Cs and user's uploaded content (photos and any other creations like literature) belongs to Facebook and they have to right to use them commercially.

I had a check on Facebook T&C and realised that its true:

Read the "Licenses" paragraph. They can use it for commercial and even sub-license it out!!

http://www.facebook.com/facebook?ref=pf#/terms.php?ref=pf

I am not going to post my "creations" in Facebook again. Will you?

This is just to share with everyone here that there is such a T&C in Facebook, decision is yours.

Have a nice day.

Heng Arh.... i was still thinking of whether to put or not ....... looks like i can save some energy!:bsmilie:
 

Hmm, they really change the T&C since this morning. But the one I can see now has the same T&C that Facebook is free to use the uploaded content for commercial purpose and has the right to sublicense it out.

PS, its in the "User Content Posted on the Site" section now.

they've reverted back to the old terms and condition
 

This part rite??

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
 

to be honest, i doubt they can use it for anything fantastic, since the compression on facebook is scarily bad.

but that said, it is not a fair term of use.
 

I agreed that the FB compression is really bad, but I am wondering if they backup a highres pic during the upload before compression? Btw, I have some literature posted as "notes" in FB...thus.. :(:eek:

to be honest, i doubt they can use it for anything fantastic, since the compression on facebook is scarily bad.

but that said, it is not a fair term of use.
 

Actually no. I recall reading that the said license will be automaticallly revoked if you remove the pictures from the site. Hence that is what you can do if you think this is a concern.

Yah. But since it was the "old" T&C and it was my own fault for not reading it when I join....what to do? No choice loh.:(
 

Actually no. I recall reading that the said license will be automaticallly revoked if you remove the pictures from the site. Hence that is what you can do if you think this is a concern.

so if it appears on print, and during their printing, i removed the picture from my acct. are they still able to use the image or should they destroy all printed copies?

or if they had already printed, and you deleted thereafter, are they suppose to recall all printed formats?
 

they went back to the old tnc liao. mediacock really slow on the uptake.
 

In my view, if a license is revoked, all previous licensed works are now deemd non-licensed. Whether you require (as licensor) to destroy the previously licensed works is another question altogether - you can impose such a requirement and indeed, such are commonplace in licensing contracts.

so if it appears on print, and during their printing, i removed the picture from my acct. are they still able to use the image or should they destroy all printed copies?

or if they had already printed, and you deleted thereafter, are they suppose to recall all printed formats?

That said, I'll need to look at the auto-revoke clause again as that was based solely on my memory - to see whether they had reserved rights to past licensed works and the like.

Also, this discussion about "old" and "new" T&Cs, whats the difference between the two?
 

well, i thought it is rumoured fb is wanting to sell it off at $15b. with a hundred million users, its a true cash cow.

so, along with the t&c to force own all those pictures, it becomes a stock photo site with complete autonomy to sell where the next owner (or current owner as well) of fb deems fit. it automatically becomes a business by itself.

also, didnt fb announce a weak revenue stream? its time they make crazy money. it could also mean the end of them.

and if they dare to start collecting member fees for every user, they will be doomed within 3mths.
 

Really? In that case i will delete all my "Creations" in FB. Thanks for the tips.:)

Actually no. I recall reading that the said license will be automaticallly revoked if you remove the pictures from the site. Hence that is what you can do if you think this is a concern.
 

Do check the T&Cs again though. I'm not very sure it is still there, and now there's this whole discussion on new and old T&Cs of which I didn't even know about the differences (if any).

Really? In that case i will delete all my "Creations" in FB. Thanks for the tips.:)
 

"If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Facebook does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content."
 

That expiry clause is strange in my opinion. I interpret it to mean that upon removal, what will happen is that there is no longer a license granted to them. The only saving provision they have is the retention of archived copies. However, there is nothing mentioned about what they can do with those copies, and in the absence of a license, nothing indeed can be done.

Reading it as a whole, what I think it is intended to mean is that once you take it off, they will no longer do anything with them. The savings clause for archival is merely so that they don't need to go into their archives and delete all the old pictures one by one; hence just a easy way to administer backups.

In the absence of such a savings, theoretically, their backup copies become infringing copies.
 

This is something I always wanted to ask. When we become a member of a website/forum, like in this case facebook, we agreed on a set of Terms and Conditions. Isnt it not right for the web master to change the Terms and Conditions without informing all the members? How are they so sure that I am still agreeable with the new Terms and Conditions? Shouldnt they at least E-mail me to inform me that the Terms and Conditions will be amended with effect from xx/xx/09?
 

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