[Users worried that] Facebook will own their photos or other media are posting [a frightful message] — unaware that it is a hoax. Heres the truth: Facebook doesnt own your media. We have noticed some statements that suggest otherwise and we wanted to take a moment to remind you of the facts — when you post things like photos to Facebook, we do not own them, Facebook spokesman Andrew Noyes said in a statement. Under our terms you grant Facebook permission to use, distribute, and share the things you post, subject to the terms and applicable privacy settings. Brad Shear, a Washington-area attorney and blogger who is an expert on social media, said the message [that Facebook users are posting to their walls is] misleading and not true. He said that when you agree to Facebooks terms of use you provide Facebook a non-exclusive, transferable, royalty-free, worldwide license to use any content you post. You do not need to make any declarations about copyright issues since the law already protects you. The privacy declaration [in this message] is worthless and does not mean anything. As techtalk noted of Facebook users current privacy rights: The fact is that Facebook members own the intellectual property (IP) that is uploaded to the social network, but depending on their privacy and applications settings, users grant the social network 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). Facebook adds, [t]his 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. While the social network does not technically own its members content, it has the right to use anything that is not protected with Facebooks privacy and applications settings. For instance, photos, videos and status updates set to public are fair game. Before you can use Facebook, you must indicate your acceptance of that social networks legal terms, which includes its privacy policy and its terms and policies. You cannot alter your acceptance of that agreement, nor can you restrict the rights of entities who are not parties to that agreement, simply by posting a notice to your Facebook account or citing the Uniform Commercial Code (UCC) or the Berne Convention. (One of the common legal talismans referenced above is UCC Section 1-308, which has long been popular among conspiracy buffs who incorrectly maintain that citing it above your signature on an instrument will confer upon you the ability to invoke extraordinary legal rights.) If you do not agree with Facebooks stated policies, you have several options: Decline to sign up for a Facebook account. Bilaterally negotiate a modified policy with Facebook. Lobby for Facebook to amend its policies through its Facebook Site Governance section. Cancel your Facebook account. (Note that in the last case, you may have already ceded some rights which you cannot necessarily reclaim by canceling your account.)
Posted on: Sun, 20 Oct 2013 20:50:14 +0000
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