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Facebook Rep Says, "We Own Your Photos!"

Discussion in 'BlackHat Lounge' started by The Scarlet Pimp, May 14, 2015.

  1. The Scarlet Pimp

    The Scarlet Pimp Senior Member

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    keep this in mind before you upload anything!

    ---

    Photographer: Facebook Rep Says Site Owns My Photos

    http://facecrooks.com/Internet-Safe...r-Facebook-Rep-Says-Site-Owns-My-Photos.html/

    Photographer Corey Ann was outraged to find many of her photos circulating online, but with other people claiming credit. She wrote an angry blog post about it on her Photo Stealers website, and soon her Photo Stealers Facebook page -- with 13,000 followers -- was reported and blocked.

    However, that's just the beginning of the story; when Ann reached out to Facebook about the issue,
    she received a response from an alleged Facebook sales representative that stunned her.

    "Once something is posted or uploaded onto Facebook it becomes Facebook's property," the alleged rep wrote to her. "So if the original photographer uploaded the photo first onto Facebook and then others have taken it from there and uploaded it to their pages or profiles, this is legal and within policy, there's nothing I can do about it unfortunately even if they are taking credit for the photos."

    Some skepticism has been raised about the truth of the rep's comments; though it's likely she does work for the social media giant, some of the points she made aren't exactly true (Facebook licenses content on its site, but it does not "own" it).

    Photography blog The Phoblographer pointed out several easy ways that this Facebook photo theft can be avoided altogether. Photographers should upload small images that are harder to use if taken.

    They should also watermark their imagery, or simply be more selective about what they upload.
     
  2. thebomb

    thebomb Junior Member

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    Well I'm sure a lawsuit will come out of this, unless their terms are pretty damn clear. Trademark infringement?
     
  3. TayaX

    TayaX Jr. VIP Jr. VIP

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    Sounds weird to be honest.
    Stolen pictures (stolen ex gf pictures for example) uploaded on Facebook becomes their property and other member could use these photos ? Sounds like a big grey area to me if it's true. I doubt Facebook can claim to own pictures when the uploader is not the owner itself. Maths don't add up.
     
  4. nikchaing

    nikchaing Jr. VIP Jr. VIP UnGagged Attendee

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    I'm sure they have some way of legally wiggling their way out of a situation like this.
    But yea I've actually heard this exact problem where FB apparently "owns" your photo once you upload it.
    Seriously though, you're crazy to upload an un-marked pic to FB, and then get butthurt when someone "steals" it.
     
  5. theblacksheep

    theblacksheep Junior Member

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    Watermark your photos. Simple as that.

    I doubt that's gonna happen anytime soon.
     
  6. The Scarlet Pimp

    The Scarlet Pimp Senior Member

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    a while ago i heard two of my neighbors screaming over what one of them had written on facebook. people really need to learn to shut up! :D
     
  7. Capo Dei Capi

    Capo Dei Capi BANNED BANNED

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    They don't ow the pics but they have a license to use the image When you upload.
     
  8. praetserge

    praetserge Power Member

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    As far as I remember, all the content you post on facebook belongs TO facebook.
    Even if you delete your account they still can keep and use everything you posted there.
     
  9. Protocol Error

    Protocol Error Newbie

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    "So if the original photographer uploaded the photo first onto Facebook and then others have taken it from there and uploaded it to their pages or profiles, this is legal and within policy, there's nothing I can do about it unfortunately even if they are taking credit for the photos."

    Bolded part is key. If you do not own those pictures when you upload them you are in breach of TOS.
    This is quite normal but people should be aware.
    You still own the pictures after the upload but you, by uploading, give the website the legal right to do as they please with it.
     
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  10. dam514

    dam514 Newbie

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    It's very simple : FB does not own the pictures themselves as creation. But FB owns the right/licence to use it on their platform. That make sense.
    You can't remove intellectual property to the original creator, it's a natural and inalenable right. It's just FB rep' who sucks hard and misled the photographer.
    The only thing the artist can do is to find out every picture she owns and ask the 3rd party user to take them down, ask for credit or pay for its use, one by one.
    It's not Facebook's job to do that.
     
  11. fredfred547

    fredfred547 Power Member

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    It is very clear in their TOS that anything uploaded to their site, becomes theirs. You lose the right to intellectual property as the creator by uploading it to their site.
     
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  12. Capo Dei Capi

    Capo Dei Capi BANNED BANNED

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    You can't lose IP rights just by agreeing to a TOS,the creator still holds IP rights.
     
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  13. Avid Learner

    Avid Learner Regular Member

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    This is very true. Both FB and the creator own rights to use them.
    You mean the 3rd party that FB places them on?

    In any case, IMHO, under these terms, FB has right of use once they are uploaded by the creator, thus the creator cannot rescind that right afterwards merely because they close an account or delete them. Exception might be creator uploading them in error. Hard to argue that for all uploads in the context they were posted over a long period.

    As far as I can tell, there are no restrictions as to which third party FB could use them with.
     
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    Last edited: May 15, 2015
  14. ChanzGrande

    ChanzGrande Elite Member

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    Indeed. A valuable legal opinion on the matter. Others have weighed in, and the question of ownership is at the root of confusion here. Obviously as the person who took a picture(unless you assign your ownership/copyright rights to another entity) - the photographer OWNS the pictures. The digital recreations which are uploaded to facebook servers, however, comply with Facebook TOS and Privacy Policies, and you are assigning your publication rights to facebook - who then have their TOS which allows other people to sub-license the rights you assigned to Facebook by uploading ANY content.

    This is all completely legal, and is exactly how one might expect this kind of thing to work. I doubt the unintended uploading of content would remove the inherent rights generated by it's initial upload, so claiming to have accidentally uploaded it not going to work. However, FB would have to comply with a legitimate DMCA request generated by a third party if someone else was the FIRST uploader of the content in question - people can prove they are the actual original owner of work. This is why some revenge porn cases are legitimately won in courts of law - because whoever uploaded the original content did not have the rights to assign to facebook - therefore their "rights" are invalid, and unenforceable - they CAN'T let people use those images from their servers - they must comply and remove all offending/recurring images.

    Of course - removing all those images can be a tall order - a site like FB may be inclined to settle the few cases that may be brought against them in the years to come.
     
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  15. Capo Dei Capi

    Capo Dei Capi BANNED BANNED

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    Its amazing how so many women photogs freak out over people using their images without permission even when they barely make an money from the images. Its not like its freaking GETTY images that are actually worth something. For example with wedding photographs who is really going to be buying them other than the bride+groom and a few of their friends and family within a short amount of time. After a few months the photos basically become worthless.
     
  16. WebTG

    WebTG Jr. VIP Jr. VIP

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    Once my web teacher said when something is uploaded on the Facebook then it becomes public property and anyone can use even at your own site.
     
  17. SamLewis

    SamLewis Regular Member

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    I dont think thats true. You're only giving Facebook permission to use the image not everybody. If somebody finds your image on Facebook and uses it on their own site they only can if Facebook gave them permission.
     
  18. SamLewis

    SamLewis Regular Member

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    https://www.facebook.com/legal/terms section 2.

    Facebook has royalty-free, sub-license, worldwide rights to use the photo - Subject to privacy settings. If you set privacy to public then facebook can do what they want, if you've only set it to a few people facebook can allow those few people to see the photo however facebook wants.

    Also, 'This IP License ends when you delete your IP content'. When you delete the photo facebook no longer has rights.
     
  19. WebTG

    WebTG Jr. VIP Jr. VIP

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    Sir was lying? :yell:
     
  20. Avid Learner

    Avid Learner Regular Member

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    Bottom line is post only what you are willing to have made public.

    Even privacy settings won't prevent those who you "friend" and share with from copying what you gave them access to.

    Also, as we well know, hackers abound, and your and their accounts are at risk.