Patricia Montgomery


Facebook Owns Your Photography and Writing - FOREVER

An update journal has been posted to let you know that Facebook has reverted back to its old terms of service while they “resolve the issues”.

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February 17, 2009

Update: Read the article on the PCWorld site, Facebook Owns Your Business Data which was posted on February 17, 2009.

User beware if you are a Facebook member!

They have recently changed their terms of service and now have rights to everything you have posted, including your writing, artwork, and photography! Even if you delete it all today, they retain rights to everything you have posted up to that point. Your profile can be kept in Facebook’s archives indefinitely even though you are no longer a member.

I saw this disturbing news on several blogs this morning. Here’s a link to one of the sites. Then if you want further confirmation, go to Facebook’s terms page and see it for yourself.

If you are a member of Facebook, be very careful what you write as it could possibly come back to haunt you one day if Facebook decides to publish it. Before it is published they have the right to (and I quote from the terms) “modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute” it.

If you want to retain sole copyright of your writing, artwork or photography, DO NOT UPLOAD IT TO FACEBOOK.* What is currently uploaded now can be used in any way Facebook deems appropriate, including sublicensing it.

As a member of Facebook, I have used it in the past as a social network to stay in touch with friends and family and only recently to market my work. I don’t have many images posted to my profile, but now that work has been sublicensed to Facebook forever.

I never join a site without reading the terms. These new changes to the terms makes me so angry. I was never given an opportunity to opt out of the site before these changes went into effect. I feel as though I have been duped.

  • Sheila  Pasket

    Sheila Pasket

    WOW….I had no idea about this! Thanks for sharing…..I will not be uploading anymore pics now on there. Wow….

  • Patricia Montg... replied

    I didn’t get any notification from Facebook about these changes. Did you see anything?

  • Curtiss Simpson

    Curtiss Simpson

    Yikes that’s not good I have a blog on that google thing blogger but I never read the terms of service hope it anit the same LOL. Thanks for the heads up !

  • Patricia Montg... replied

    I just opened a new blog account on blogspot, but I’m going back to read the terms AGAIN. This is really upsetting that a site would take advantage of its members like this.

  • Squealia

    Squealia

    Oh that’s disgusting! I joined facebook once and couldn’t work it out! So glad I cancelled it!

  • Patricia Montg... replied

    Glad you did!

  • Elizabeth Bravo

    Elizabeth Bravo

    I knew there was a reason I didn’t put a ton of photos on facebook. What I have there can stay there….but thanks so much for the heads up Patricia. Wow….That is a bit disconcerting.

  • Patricia Montg... replied

    I haven’t put a bunch of images up there either. I think the Lord must have been guiding me in that respect. I’ll still use it to stay in touch with family and friends, but won’t be publishing any of my work ever again.

  • stephaniek

    stephaniek

    I want nothing to do with either Facebook OR Myspace, thank you!! Never have!

    Nice of you to warn people!!

  • Patricia Montg... replied

    Smart girl!

  • H M Bascom

    H M Bascom

    I read the agreement, and according to what I read, user content is excluded from Facebook’s proprietary rights. In other words, Facebook makes no claim of ownership of anything that a user uploads. Where did you read that Facebook makes a claim of ownership of my user content?

    Ownership; Proprietary Rights

    Except for User Content and Applications/Connect Sites, all materials, content and trademarks on the Facebook Service are the property of Facebook and/or its licensors and are protected by all relevant IP laws and other proprietary rights . . .”

  • Patricia Montg... replied

    I read the blog sites and verified it in the terms. It’s long and full of legal terms, but I verified what was in the blog. If you have a better understanding of the legal terms, please let me know.

  • Sheila  Pasket

    Sheila Pasket

    I haven’t been on there but once early this morning, and then I logged out. I will have to go and see if I have any notification of it. But according to what Helen Bascom found….it doesn’t pertain to our uploaded personal material. Is that what y’all understand it to be saying?

  • Patricia Montg... replied

    Sheila, the way I understand they have rights to anything you upload to your profile.

  • shadyuk

    shadyuk

    Thank you for posting this, everyone should take heed

  • Patricia Montg... replied

    You are welcome. Everyone needs to beware of Facebook if they use the site.

  • H M Bascom

    H M Bascom

    Are you talking about the “License Agreement” changes? That sounds like something I do not wish to participate in. I will be canceling my Facebook account immediately. Thanks for bringing the changes to my attention.

    “You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers)”

  • Patricia Montg... replied

    This is the section that has me upset and angry!

  • Patricia Montg... replied

    Unfortunately, they also added a bit more language “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.”

  • hilarydougill

    hilarydougill

    That sounds very unlawful!!! thanks for the warning. hugsxxx

  • Patricia Montg... replied

    You are welcome, Hilary. I’m sure all their attorneys kept it within legal limits, but morally the users of the site should have been notified so that we could opt out before the new terms went into effect.

  • H M Bascom

    H M Bascom

    I just deactivated my account, and here is the reason I gave under the “OTHER” option:

    Your License Agreement is contrary to my right to control the distribution and publication of my copyrighted photography and other art as well as my copyrighted writing.

  • Patricia Montg... replied

    Excellent!

  • H M Bascom

    H M Bascom

    Thank you for bringing this to my attention.

  • Patricia Montg... replied

    You are most welcome!

  • Squealia

    Squealia

    Oh poo I sent my friend some photos of the zoo shots I did as she went too and she added them to her facebook account…............ Oh well I would say she didn’t have permission to post them if anything happened to them!

  • Patricia Montg... replied

    You probably want to notify her and ask her not to upload any of your images (or hers for that matter) in the future.

  • H M Bascom

    H M Bascom

    If they publish any of my work after I have deactivated my account, I will have my attorney write them a nice letter, ;-)

  • Patricia Montg... replied

    Good plan!

  • Squealia

    Squealia

    OK I have just notified my friend. She says as her account has a privacy setting of only allowing her friends to see her stuff, this does not apply to her images. Can anyone confirm or deny this as I cannot access that link as I donot have an account.

  • Patricia Montg... replied

    Yes, you can set your account to only allow friends to see your profile. But the problem is that the Facebook corporation has changed it terms so that it has the right to sublicense anything uploaded to the site.

  • Squealia

    Squealia

    Oh deep joy! She doesn’t believe me! But i have emailed Facebook for an answer, so that I can clarify it with her! She doesn’t allow her children to be displayed anywhere publically so it will be interesting to see what she does eventually! I know the chances of them using any of the photos on her facebook account are probably nil but that is not the point!

  • Patricia Montg... replied

    I’m sorry she didn’t believe you. But it even made the news yesterday. There was a notice on everyone’s Facebook profile this morning (02/18/09) that they have reverted back to the old terms for now while they resolve issues. I’m not trusting that they are just trying to find another way to do the same thing again.

  • robpixaday

    robpixaday

    Yoweeeeeeee….........not on Facebook or MySpace, but others.
    Many thanks!!!!!!

  • Patricia Montg... replied

    You are welcome.

  • TFFDavid
  • Simon Duckworth

    Simon Duckworth

    Yes… im fuming.. as its a change that i was not aware of.. wonder if it would stand up in court as they have not let us know of the changes !! yes i will not be uploading any more photos… what a disgrace… disrespectful, rude, and lots more things. that might be too naughty to write. I hope in a way that many people cancel their accounts.
    Thanks for letting us know, much appreciated.

  • Patricia Montg... replied

    You are welcome. I thought others should be aware of this change.

  • MoxieNox

    MoxieNox

    That’s what I’ve been wondering about, since I never heard anything or been notified by FB regarding ANY changes to their policies, even if their TOS stated that all members would be notified of any changes accordingly. Seems to me that there are many, many, many of us, whom we were never notified of.. I’ve removed a lot of my images already from FB. This stinks!

  • Patricia Montg... replied

    I don’t recall any notification for FB about these changes. If I had not been browsing a blog that mentioned it, I would never have known.

  • skyhorse

    skyhorse

    Facebook have been doing a lot to peeve me lately (removing pet profiles is one of them), so this is just another nail in the coffin – this is total lack of respect for their user base & they need to remember that without users Facebook is a bit fat nothing!!!

  • Patricia Montg... replied

    I am upset that they would take advantage of their users like this!

  • Sherry Osborn

    Sherry Osborn

    I dont understand., so what do you think they are selling our artwork. I dont understand

  • Patricia Montg... replied

    I don’t know if they are or not. Chances they are not, but they have the right to do anything with the user’s content under these new terms of service.

  • Di Jenkins

    Di Jenkins

    This is just shit! I’ll be cancelling ym facebook account now. How dare they??!?1

  • Patricia Montg... replied

    Very unprofessional behavior by Facebook to do this and not give the users a chance to opt out before the changes went into effect.

  • Beatriz  Cruz

    Beatriz Cruz

    Thank you Patricia for letting me know,Even though I dont have pictures their,My sister-in-law invited me to facebook awhile back and I never have uploaded any pictures, everytime I had logged on I had a bunch of cookies to erase from them..I will let her know too

  • Patricia Montg... replied

    You are welcome, Beatriz.

  • chijude

    chijude

    Would well appear that your information and warning are indeed alarming, but appreciated. I will let my family know as we are all on FaceBook. Thankyou

  • Patricia Montg... replied

    You are welcome.

  • imageofpix4u

    imageofpix4u

    Well they are claiming rights to all the existing data. In the end if they use your blog, and or photographs in publishing without any more consent than the TOS,,,This is America, you have legal options. Will you “WIN”? Maybe, Maybe not. One thing is certain. Any protection of intellectual property has been diminished by certain countries that refuse to pass or enforce copyright and trade mark laws. Same goes for patient law. They can exchange a period with a comma, a nut and bolt assembly with a weld or rivet, and pretty much publish or manufacture and sell what ever they please in their own countries. So long as consumer nations like America continue to have the best governmental representation of its citizens that money can buy (Thank you lobbyists); the situation will pretty much stay the same. So buy American only.

  • Patricia Montg... replied

    The actions by Facebook is very disturbing!

  • jujubean

    jujubean

    They are even talking about this on The View right now!!!!

  • Patricia Montg... replied

    Really? I missed The View this week but wish I had been here to tune in.

  • Terri Chandler

    Terri Chandler

    I heard about it on FOX News this morning. And my Zazzle Gallery was linked to their sight. I wonder if my deactiving my account stopped that feed as well.
    Anyone else that links Zazzle to Facebook know if deactivating my account was enough to break that link as well.

  • George Lenz

    George Lenz

    if you delete you photos now…is it too late?

  • Patricia Montg... replied

    Yes, as I understand it, it is too late. The new terms are in effect and any content on the site has now been sublicensed to Facebook. As far as I know, the users were never given a chance to opt out before it went into effect.

  • KMorral

    KMorral

    Cheers for letting us know! GRRR to facebook- privacy and copyright means nothing to some people!

  • Patricia Montg... replied

    You are welcome. I was so stunned when I found out. I wanted to make sure other users at Facebook were aware of these changes to the terms of service.

  • trickmonkey

    trickmonkey

    FYI- They cannot use your images if your profile is set to private, the privacy rights overrides the terms.

  • NooneSpecial

    NooneSpecial

    I wonder what the implications of this are on those who use the Redbubble widget slideshow????

  • Appel

    Appel

    Thanks for letting us know about this. I went to my facebook and if any of you know facebook you are aware that you can “update your status” and if people comment on your status, those comments show up under your status. Well, I updated my status by saying that I was upset with facebook for changing their terms of service without our notification and then I included a link to a foxnews story about it. Interestingly enough, I have had two people comment on my status, I know this because of an e-mail notification that tells me these things, but when you look under my status on facebook there are no comments. When I follow the link thru the e-mail, it brings me to my status but where the comments are supposed to be it says “this posting is no longer available” – Interesting, huh?

  • George Lenz

    George Lenz

    that sucks…oh well…. I deactivated my account….and sent a nasty note to the CEO….

  • taiche

    taiche

    Over the past few days, we have received a lot of good feedback about the new terms we posted two weeks ago. Because of this response, we have decided to return to our previous Terms of Use while we resolve the issues that people have raised.

  • RavenMunro

    RavenMunro

    does this apply if i have included my copyright/dig fingerprint tags???

  • C J Lewis

    C J Lewis

    Does this also affect the Redbubble Widgets that some have added to their Facebook?

  • C J Lewis

    C J Lewis

    Have just been to Facebook and there is now a notice above the Profile Page:

    _Terms of Use Update

    Over the past few days, we have received a lot of feedback about the new terms we posted two weeks ago. Because of this response, we have decided to return to our previous Terms of Use while we resolve the issues that people have raised. For more information, visit the Facebook Blog.

    If you want to share your thoughts on what should be in the new terms, check out our group Facebook Bill of Rights and Responsibilities_.

  • ndsusa

    ndsusa

    I’d like to know who their corporate lawyer is…..really. Since as an ex-paralegal I can tell you that since at least in the United States you have an “unalienable” right to your own property (for a limited time as determined by copyright and trademark laws in the U.S. now in existence which is 80 years after your death, I believe, if those rights are not “inherited”) that cannot be “waived’ by any contract, this is pure garbage. And that lawyer ought to be disbarred.

  • ndsusa

    ndsusa

    Beware on any of these sites, since there are some now that are providing that they may use images posted on their sites for publicity reasons also without your consent, and one I came across even tried to put in their terms of use that they had the right to act as “agent” for any bulk or retail sales on images on their site. Some of these corporate lawyers should be disbarred, since U.S. laws really are even less stringent than other countries, and provide copyright protections for I think it is 80 years now after the death of the artist, if those rights have not been willed or lawfully transferred with their estates.

    I know Canada and some other countries provide for even a greater length of time for protection, and for international abuses that would mean the case would be determined according to the laws in the country of origin for the work, from what I’ve read recently, since the problem with websites such as these is that there is always the risk that someone in another country can violate your copyright, and you wouldn’t know about it until they made a fortune (which is good, then that would be even more attractive for the lawyers, so maybe that is why they are misinforming their corporate clients at this point, so they can then clean up on the lawsuits).

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