What happens to your photos once posted to Facebook? Reply

Facebook thrives because people want to connect and share photographs and other content. However, connecting and sharing content on Facebook means that Facebook makes the rules for how the content is shared, used, copied and made available to others. (Facebook also has the privilege of changing these terms of use at anytime and is known for making significant policy changes frequently. For the current Terms of Service see –>; http://www.facebook.com/legal/terms).

Here are three significant components of Facebook’s current policy concerning photographs that you post to Facebook (these are the terms as of today… and may change tomorrow):

  1. …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. (Subject to how you set the privacy and application settings on your account).
  2. 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).
  3. 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.

What can happen to your photographs when you post it to Facebook under these Terms? The short answer – ALMOST ANYTHING… especially if you have left the default settings on your Facebook page to allow public access to the content you post on Facebook.  If however, someone else posts a photograph that you took and own the rights to… then you have a bit more muscle and can request that Facebook remove or disable access to the photograph by reporting a copyright infringement to Facebook.

To report a copyright infringement on Facebook go to –>; https://www.facebook.com/help/?faq=190268144407210 …you will see that there is an online form as well as a contact email [ip@fb.com] and mailing address.

See also: http://www.facebook.com/legal/terms, https://www.facebook.com/help/?faq=190268144407210; @iplegalfreebies and www.kasterlegal.com.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

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