Who Owns Photos and Videos Posted on Facebook, Instagram or Twitter?

[Wilikon]

Well, it depends on what you mean as “own.”  Under copyright law, unless there is an agreement to the contrary or the photograph or video is shot as part of your job, a copyright to a photograph generally belongs to the creator.  As the copyright owner, you own the exclusive rights to display, copy, use, produce, distribute and perform your creation as you see fit and approve.  As the subject of the photograph, you have a right to publicity, which allows you to get paid for the commercial use of your name, likeness or voice.

But what happens when you decide to post that picture on the Internet — perhaps on Facebook or Twitter (using Twitpic), or some other social network or photo-sharing site?

You may be shocked to find out that once you post on these sites, that although you still “own”� the photograph, you grant the social media sites a license to use your photograph anyway they see fit for free AND you grant them the right to let others use you picture as well! This means that not only can Twitter, Twitpic and Facebook make money from the photograph or video (otherwise, a copyright violation), but these sites are making commercial gain by licensing these images, which contains the likeness of the person in the photo or video (otherwise, a violation of their “rights of publicity”).

Facebook

Under Facebook’s current terms (which can change at anytime), by posting your pictures and videos, you grant Facebook “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.  Beware of the words “transferable, sub-licensable, royalty-free, worldwide license.”  This means that Facebook can license your content to others for free without obtaining any other approval from you!  You should be aware that once your photos or videos are shared on Facebook, it could be impossible to delete them from Facebook, even if you delete the content or cancel your account (the content still remains on Facebook servers and they can keep backups)!  So, although you may be able to withdraw your consent to the use of photos on Facebook, you should also keep in mind that if you share your photos and videos with Facebook applications, those applications may have their own terms and conditions of how they use your creation!  You should read the fine print to make sure you are not agreeing to something that you don’t want to have happen.

Twitter

Twitter’s photo sharing service, Twitpic, just updated their terms of Service on May 10, 2011 (which, of course, can and will be updated at any time, from time to time).  By uploading content using Twitpic, you are giving “Twitpic permission to use or distribute your content on Twitpic.com or affiliated sites.”  You are also granting “Twitpic a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Twitpic’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.”�

The terms go on to state that you also grant “each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.  The above licenses granted by you in media Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your media from the Service provided that any sub-license by Twitpic to use, reproduce or distribute the Content prior to such termination may be perpetual and irrevocable.”


http://www.nyccounsel.com/business-blogs-websites/who-owns-photos-and-videos-posted-on-facebook-or-twitter/


https://www.youtube.com/watch?v=k1KtSpqFVwM

[subSTRATA]

But what happens when you decide to post that picture on the Internet — perhaps on Facebook or Twitter (using Twitpic), or some other social network or photo-sharing site?

imo, at that point that picture has already become public domain; you are uploading that picture with the intent that it will be visible to anyone who happens to come across it, weather it be on facebook or imgur. to think you have some sort of claim to a picture after you make it freely available and accessible to the entire internet is ridiculous in my opinion.

[TheGr33k]

But what happens when you decide to post that picture on the Internet — perhaps on Facebook or Twitter (using Twitpic), or some other social network or photo-sharing site?

imo, at that point that picture has already become public domain; you are uploading that picture with the intent that it will be visible to anyone who happens to come across it, weather ie=t be on facebook or imgur. to think you have some sort of claim to a picture after you make it freely available and accessible to the entire internet is ridiculous in my opinion.

I can agree to this, but then it gets complicated when a picture is stolen or posted without consent publicly; meaning without being able to have some-sort of claim on the social media photos, how could we ever prevent the previous?

[fuddudle]

i've actually started actively removing information and photos that i feel I want exclusive ownership to. We've reached a point in society where people are too trusting of their personal information.

[subSTRATA]

But what happens when you decide to post that picture on the Internet — perhaps on Facebook or Twitter (using Twitpic), or some other social network or photo-sharing site?

imo, at that point that picture has already become public domain; you are uploading that picture with the intent that it will be visible to anyone who happens to come across it, weather ie=t be on facebook or imgur. to think you have some sort of claim to a picture after you make it freely available and accessible to the entire internet is ridiculous in my opinion.

I can agree to this, but then it gets complicated when a picture is stolen or posted without consent publicly; meaning without being able to have some-sort of claim on the social media photos, how could we ever prevent the previous?

but once that picture is posted, there is nothing stopping people from copying that image and doing whatever they want with it. theres nothing stopping them. the only instance i think where one claim their images were "stolen" would be in the case of say, a professional photographer having their memory card (or whatever medium) stolen prior to that media being posted anywhere online. its rather tricky, dealing with things such as intellectual property and data. however, in the case of simple social media or instagram pictures uploaded by the average user, I think those images are public domain regardless. they did not have intent to make a claim to that picture, and only had intent to share that image with others by uploading them.

[Wilikon]

Nothing belongs to anyone on the internet, unless it is monetized by facebook and Co.?

[TheGr33k]

But what happens when you decide to post that picture on the Internet — perhaps on Facebook or Twitter (using Twitpic), or some other social network or photo-sharing site?

imo, at that point that picture has already become public domain; you are uploading that picture with the intent that it will be visible to anyone who happens to come across it, weather ie=t be on facebook or imgur. to think you have some sort of claim to a picture after you make it freely available and accessible to the entire internet is ridiculous in my opinion.

I can agree to this, but then it gets complicated when a picture is stolen or posted without consent publicly; meaning without being able to have some-sort of claim on the social media photos, how could we ever prevent the previous?

but once that picture is posted, there is nothing stopping people from copying that image and doing whatever they want with it. theres nothing stopping them. the only instance i think where one claim their images were "stolen" would be in the case of say, a professional photographer having their memory card (or whatever medium) stolen prior to that media being posted anywhere online. its rather tricky, dealing with things such as intellectual property and data. however, in the case of simple social media or instagram pictures uploaded by the average user, I think those images are public domain regardless. they did not have intent to make a claim to that picture, and only had intent to share that image with others by uploading them.

I can think of many relevant scenarios that probably aren't worth getting into because you're right; it's one of those things where once it's out on the internet, there is nothing stopping a 3rd party from forwarding what they thought was a legitimately posted photograph. I'm just simply stating how unfortunate it is that there is nothing stopping private, non-consented photographs from being spread maliciously other than the lack of an audience.

[christycalhoun]

I always have the assumption that somebody else has control over my content when I submit anything on the Internet. Even on this forum.

[ThePrinceofTea]

eula, terms of use... it ain't because you refuse to take data available in consideration that reality cease to exist. if you believe there is no wall how are you gonna cross it? running faster?

snapchat? hehehe. there is too much emphazsis on "legality" and not what is right for the company... some can abuse, but are you going to stay with an abuser?

I mean, it's easy to censor anyone from it's own website, but would you return? naturally market find equilibrium... but there is no job for lawyers, and even less for judges .

yep christycalhoun ,

I too... I have the approach of fire and forget... who knows what happens... but at least it is not censored. when it's not on my own hardware...