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Facebook and Myspace and your rights

Hello. This was posted by my friend Amie on photoawesome.com. I found it really interesting considering many up-and-coming photogs use these sites to try and get some exposure to their work. Thoughts?

For those of you that add photos to your facebook and myspace profiles: (Thought you might want to know what they can ‘do’ with your photos)

To the issue of facebook owning your photos, The original wording of
Facebook stated that you pretty much give them all rights to your work

“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.”

But they have updated their TOS to include

“You may remove your User Content from the Site at any time. 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.”

As for MySpace, they make it clear that they don’t want your rights,
and that the only access to your work they need is so that they can
display the work on your page. The exceprt of the TOS is here,

“MySpace.com does not claim any ownership rights in the text, files,
images, photos, video, sounds, musical works, works of authorship, or
any other materials (collectively, “Content”) that you post to the
MySpace Services. After posting your Content to the MySpace Services,
you continue to retain all ownership rights in such Content, and you
continue to have the right to use your Content in any way you choose.
By displaying or publishing (”posting”) any Content on or through the
MySpace Services, you hereby grant to MySpace.com a limited license to
use, modify, publicly perform, publicly display, reproduce, and
distribute such Content solely on and through the MySpace Services.”

by Sandy Hooper at 2008-07-04 02:53:48 UTC (ed. Jul 5 2008 ) Oaxaca , Mexico | Bookmark | | Report spam→

I believe these sites are also hooked into the Google monster, so that whenever one looks for images in a search, your images form part of the search pool, if you have Flicker or Facebook pages.

Rights ownership is also part of the on-going Orphaned Works Legislation debate.

by David Lauer | 04 Jul 2008 13:07 | Cusco, Peru | | Report spam→
Good post.

Here are two related groups on facebook.

My photos are MINE! NOT Facebook’s! Change the Terms and conditions!

A Milion People Against the Orphan Works Bill

by Steve Lehman | 05 Jul 2008 13:07 | CT, United States | | Report spam→

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Sandy Hooper, Visual Journalist Sandy Hooper
Visual Journalist
Atlanta, Georgia , United States
David Lauer, photographer, translator David Lauer
photographer, translator
Chihuahua , Mexico
Steve Lehman, Steve Lehman
Ct , United States


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