Are the photos that we put on Facebook, no longer our property? Do portal can be used in any way? And if we can guard against this by putting on your wall suitable formula of? We answer once and for all.
In recent days, Facebook began to circulate again “chain”, already known for several years. Subsequent users place on their walls statement designed to stop the portal before using their images for their own purposes. It occurs in different versions, one of which – in Polish – is presented in the passage as follows:
In response to the new policy FB to inform you that all of my personal information, illustrations, drawings, articles, music, pictures, photographs, films etc. are the objects of my copyright. For commercial use all of the above objects of copyright in any particular case require my written permission!
This statement circulated last time on Facebook in December 2014, but with various modifications appear in the portal since 2012.
Is the message can have any influence on what to Facebook allowed and what is not? We asked about this Michael Kibil, an attorney with the Office of Gorazd, wigeon, Liver & Partners, Attorneys and Legal Advisors.
- As for the chain, it should be considered that from a legal point of view, it is completely ineffective. Even assuming that the law applicable to the state of California, it is possible unilateral termination of the licensing contract, the effectiveness of that statement will always be necessary would be its effective delivery to the parties to the contract, which is the company Facebook (and it is not sure that it would be sufficient – default way of solving this type of agreement in this legislation is the termination of the contract by mutual agreement). For successful delivery of such statements can not be considered placing any information on his “wall” on the site. Using an analogy, as effective as placing a specified statement on the “wall” Facebook, would shout in the street statements “from today I will not pay taxes” – so in that and in this case you do not see too much legal grounds to recognize the declaration to be effective and how and where its submission does not indicate that it went to the right person.
A similar opinion was expressed lawyers in the United States.
- This message appears from time to time, and we constantly strive to educate people that it has no influence on anything. The problem is that people do not understand copyright – said in an interview with the weekly Time Mickey Osterreicher, legal advisor of the US National Association of Press Photographers (National Press Photographers Association, NPPA).
However, while posting such a message does not change anything, it is worth remembering that the fear of encroachment portal may be a bit exaggerated. Terms of Use Facebook does not give him ownership of our images. Yes, they can – in theory – have, but they are still our own and inalienable property, which we can dispose all the time.
- The passage concerning the information about the user and placed by him was content to our terms of use does not change. We can not sell something you do not have. Everything you put on Facebook, remains your property – said on the occasion of the recent wave of controversy surrounding Facebook Matt policy Steinfeld, director of the company responsible for communication on issues of privacy (privacy Communications Manager).
The problem, which in general takes the whole discussion, is another provision in the rules of use Facebook, which have virtually from the outset. The Polish version of it reads as follows:
In the case of content covered by intellectual property rights (IP called. intellectual property), such as photos and videos, you grant us these rights under the conditions imposed by yourself your privacy and application settings: you grant us a non-exclusive, transferable, including the right to sublicense, free, worldwide license authorizing the use of any content covered by intellectual property rights published by himself in Facebook or in connection therewith (IP License). IP License ends with the removal of user-generated content covered by intellectual property rights or account, as long as the content was not made available to other persons who do not removed.
- What are the implications of the referred piece of the Rules, the user service each time you enter the site content covered by intellectual property rights (image, video, original text, etc.) almost automatically grants the owner of the site a license to use the specified rights. What must be remembered, the license is not synonymous with the transfer of copyright, so the author does not lose the copyright to works from the time of its inclusion in the service. Indicated the license (also in accordance with the provisions of the Regulation) expires with the removal of the contents of this website or with the removal of the account – explains Michal Kibil us.
According to that opinion, also spoke at the beginning of Facebook privacy communications manager. Steinfeld explained that consent is needed to Facebook in order to be able to present it at all thrown through our photos on the walls of other users – that is, to its core business. Do not give him the right to sell them to someone else without our knowledge or consent. It is also important that, in accordance with the rules of the license shall expire upon the removal of thrown our specific photos or entire account.
What if, however, we do not want to agree to grant such licenses to Facebook? Michael Kibil explains:
- What should not be forgotten if those rules indicate that the granting of a license is necessary for the possibility of using the service, any effective solution indicated the license agreement (if indeed it were possible) would lead to block access to the user service under the same principles to to refuse acceptance of the Terms of Service when you register for it.
Bottom line:
• All photos posted on Facebook remain the inalienable property of posting them there.
• Facebook has a right to their use, which is used by leading service.
• Dispose picture remove the right to its further use by Facebook.
• Dispose account also remove the right to continue to use the portal placed our photos.
DG
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