Facebook world photo contest

mzamur · Apr 23, 2009

Hi folks,

There is new photo contest on facebook. This week theme is - Birds. On the link above you can vote form me, if you like my photo, or for anyone else if don't. Currently I'm on the sixth posiotion.

Photos from World Photo Contest | Facebook

Note for vote. You must join the group, and click on the LIKE linke above.

Thanx

bhop · Apr 23, 2009

I don't upload photos to facebook since their fine print says they get unlimited rights, and basically own your pics. Good luck though..

bdavison · Apr 23, 2009

Actually thats not what it says....

"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."

bhop · Apr 24, 2009

Ok, I guess my previous comment was a little too literal, BUT before that part, it says this..

"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."

Now, i'm no lawyer, but that seems to say that they can do whatever they want with your images if you upload them to their site. Sure, we still own our pics, but they have unlimited rights to them... which is pretty close to ownership to me..

Overread · Apr 24, 2009

are these both new terms and conditions?
I know that there was a big problem when they added a line like bhop just quoted to the TC and they then revoked the choice and put the option to the vote. I haven't been back to check since (I was never one to use it much in the first place)

bdavison · Apr 24, 2009

They clarified this a while back.
Say you post a picture up on facebook. Now they have to reformat it to fit the screen, perhaps add titles, change the layouts of the website to the facebook layout, put your photo on your profile page, etc.

The first part of the rules just gives them the freedom to do whatever they need to the content to make it viewable on the facebook site. It does not mean they own your pictures.

"We are not claiming and have never claimed ownership of material that users upload. The new Terms were clarified to be more consistent with the behavior of the site. That is, if you send a message to another user (or post to their wall, etc...), that content might not be removed by Facebook if you delete your account (but can be deleted by your friend). Furthermore, it is important to note that this license is made subject to the user's privacy settings. So any limitations that a user puts on display of the relevant content (e.g. To specific friends) are respected by Facebook. Also, the license only allows us to use the info "in connection with the Facebook Service or the promotion thereof." Users generally expect and understand this behavior as it has been a common practice for web services since the advent of webmail. For example, if you send a message to a friend on a webmail service, that service will not delete that message from your friend's inbox if you delete your account."

The first part just grants them the rights to do whatever they need to do to your content to make it sharable on the network.

From facebooks standpoint, they have to be able to share your pictures, and reformat your content for the site, otherwise facebook doesnt work, but at the same time, you still retain ownership...so how do they do that. They get you to license them the ability to do whatever's needed for the publication of facebook without taking your ownership rights away.

I can guarentee you, if one of my facebook photos shows up somewhere other than facebook, there will be hell to pay. And its not facebook's problem. Its the butthead that stole my picture.

If its really that big a deal to you, just watermark everything you post so its not useable.

JerryPH · Apr 24, 2009

Facebook could not get me to upload a single pic if they ripped my arm from it's socket.

Perhaps people need to read their outrageous rules/TOA and make educated decisions?

From it's terms:
"All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved."

They are very good at hiding it, but the bottom line is... whatever you put there, you lose all rights too... including what is on their backups... so even if you deleted something, and they have a backup of it... it is STILL not yours anymore.

If I did not have so many friends and business contacts on it, I would NEVER even have made an account there.

bdavison · Apr 24, 2009

JerryPH said:
"All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved."

You used bold on the wrong part.

And the simple truth is, NO WHERE do you sign over the copyright. Period. And until you give them the copyright, they do NOT own your picture.

bhop · Apr 24, 2009

bdavison said:
You used bold on the wrong part.

And the simple truth is, NO WHERE do you sign over the copyright. Period. And until you give them the copyright, they do NOT own your picture.

Did you read the quote I posted earlier? Simply by posting content to their site, you're signing over copyright. I'll post it again.

"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."

Overread · Apr 24, 2009

no copywrite is still yours for that image.
however you have still given them a licence for free (no royalties) no limits usage which can't be revoced.
The only promise you have is that they won't use or sell your image - its a promise nothing more

JerryPH · Apr 24, 2009

bdavison said:
You used bold on the wrong part.
And the simple truth is, NO WHERE do you sign over the copyright. Period. And until you give them the copyright, they do NOT own your picture.

I don't think so. It doesn't take a rocket scientist to read it and know exactly where one stands legally.

The bottom line is that by you putting anything there, you've agreed that it belongs to them since "All content on the site... are the proprietary property of the company..." how much clearer does it get? By putting anything there, you AGREE to this. No lawyer in the world is going to help you get 1 cent if they take your picture and make a dollar or a million dollars on it with or without your permission.

Joves · Apr 24, 2009

Well all I can say is for me I would never post anyof my photos on Facebook or, some of the other free sevices or photo sites. They will amke money somewhere and, it may very well be off of some peoples photos. With the language they are using they can basically sell any of your shots and, not have to compensate you in any way shape or form. Now they promise that they will not but, how trusting are you of them. If you are then by all means go for it but, most of us do not trust them in any way shape or form. While yes they are free, they are going to make money sonewhere along the line or, they wouldnt be doing it.

MikeBcos · Apr 24, 2009

mzamur said:
Hi folks,

There is new photo contest on facebook. This week theme is - Birds. On the link above you can vote form me, if you like my photo, or for anyone else if don't. Currently I'm on the sixth posiotion.

Photos from World Photo Contest | Facebook

Note for vote. You must join the group, and click on the LIKE linke above.

Thanx

Nice shot - I voted for it.

lacolocation15 · Apr 29, 2009

Well, Facebook did change its TOS months ago, so that any content that you upload is owned by them, meaning they could use it for promotional purposes, etc.

But, the blogosphere went crazy over the change, and there were many complaints, so they changed back to the original version, saying in the meantime they would make the new changes more workable for everyone. I don't know about everyone else, but if they can change it once so easily, they can change it again. And I'd rather not have my photos up there to find out the rules are not in my favor anymore.

bdavison · Apr 29, 2009

There seems to be some confusion. There is a BIG difference between licensing a photo, and selling/giving a copyright away. You can license a photo, and still retain the copyright.

I have photos that I have taken that I retain the copyright on, but are licensed out to different companies for use in their advertisements, etc. IN NO WAY do those licenses transfer ownership of the copyright from me to any other party.

This is NOT a transfer of copyright. It is a license.