Facebook: Are The Old Terms Really That Great?
February 25, 2009
By Jonathan Cohen:
“By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.”
In other words, under the old reinstated terms, as long as you remain a loyal Facebook user, the social networking behemoth has the right to use your content as it pleases. So to all the artists, musicians, photographers, filmmakers, and writers out there, consider yourselves warned. If your posted work is desirable enough to warrant commercial use, Facebook might just take it and use it.
And whether you realize it or not, you gave them permission to do so when activating your Facebook account. For those of you posting family photos, don’t be surprised if that adorable picture from your little girl’s birthday party ends up in a banner ad for Facebook.