Does Facebook have the right to sell your photos? Worryingly, the answer is probably yes.
The Daily Mail published a story (The word story is used here in the loosest possible sense.) about Aaron Peters, a student involved in the UCL Occupation and the UK Uncut protests. The second photo in that article, also shown above, was taken by a friend of Aarons and was posted to Flickr, where it is licensed for re-use by others under the Creative Commons “Some rights reserved” license. This would allow anyone to use the photo as long as they attribute the copyright of the photo to “UCL Occupation” or provide a link back to the photo on Flickr, as I have here.
However, the Daily Mail has actually labelled the picture as ©Facebook. This would imply that they took the photo from Facebook, where it had been uploaded for ease of sharing with friends. It is possible that the Mail simply lifted the photo from Facebook without permission, which would be straightforward copyright violation. However, reading the the Facebook Statement of Rights and Responsibilities gives this information:
2. Sharing Your Content and Information
You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy and application settings: 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.
Basically, that boils down to saying that Facebook can give or sell your photo to anyone that they like, for any purpose including commercial use and publication in a national newspaper. The question is, do Facebook have this arrangement with the Daily Mail? Is it the case that the Daily Mail can use any photo that has been uploaded to Facebook? Do they pay per photo or do they have a blanket license agreement?
One thing is certain. I won’t be putting any more photos on Facebook.
Many people are saying that the license granted to Facebook is subject to your privacy settings. That is not true. The order and the wording used clearly show that the license that you grant to Facebook overrides the preceding statement. Privacy settings such as ‘Friends only’ may have prevented the Daily Mail from seeing the picture at all, but that is not the issue here.
It is a necessary evil to grant a license to Facebook to display your photo, otherwise they could not show it to people viewing Facebook. The problem arrises because the license that Facebook claim is much broader than necessary, granting them a sub-licensable, royalty free use of your photo. That is the wording that allows them to sell your photo and keep the profits.
It might be that the Daily Mail stole the photograph without permission and the ©Facebook is half hearted attempt to get away with it. It might be that Facebook sold the license to them. Either way, people need to know.