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OfflineJT
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Registered: 02/28/07
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legal question regarding internet and art uploads
    #14740367 - 07/09/11 10:44 AM (12 years, 10 months ago)

many websites like photobucket, picasa, etc. have clauses which state that by uploading an image to their website, you consent to giving the website ownership of the image. facebook has this clause too, but they've publicly stated that they will not pursue it with user's original content...

a friend of mine has been having an artwork contest for their new album, and i put some of my work on there for consideration. what they did is upload it to their page, and have users "like" the images, and the one with the most likes will be their next album cover.

since the contest and all images were hosted on facebook, however, is there a risk that facebook could somehow claim royalties on their album?

what about photobucket? i host my portfolio on there and link the images to my blog. have i pretty much given away all my work to photobucket in the process?

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Invisiblekoraks
Registered: 06/02/03
Posts: 26,729
Re: legal question regarding internet and art uploads [Re: JT]
    #14740483 - 07/09/11 11:12 AM (12 years, 10 months ago)

This is the reason (well, one of them) why I don't host any of my photographs anymore on this sort of platform. Yes, legally they can fuck you over, although it might be able to contest any misuse of your intellectual property, but are you willing to hire a lawyer to enforce your rights?

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OfflineJT
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Registered: 02/28/07
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Re: legal question regarding internet and art uploads [Re: koraks]
    #14740529 - 07/09/11 11:21 AM (12 years, 10 months ago)

that's what i figured. i doubt they'd go after small times like me, but i think the band i mentioned could find themselves in trouble. they're getting some serious playtime on the radio and doing the festival circuit, so while they haven't made millions yet, they could get there. then, facebook just has to come calling...

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OfflineBaby_Hitler
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Re: legal question regarding internet and art uploads [Re: JT]
    #14743864 - 07/10/11 02:56 AM (12 years, 10 months ago)

http://www.facebook.com/terms.php


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.
    When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    When you use an application, your content and information is shared with the application.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  (To learn more about Platform, read our Privacy Policy and Platform Page.)
    When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
    We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).


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