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I was recently asked some questions from members of ACFW (American Christian Fiction Writers) about TOS (terms of service) on blog sites like blogger, and Word Press. I decided to do a little investigative work and began reading the terms of service at various sites and some of the wording began to be troubling. (I am not an attorney nor am I offering any form of legal advice.)
Some help came from an article I had recently read over at my favorite blog A Photo Editor by Rob Haggart. I wish I had booked marked what I read but found it after rereading a half dozen posts. Rob has had several posts on the topic of copyright infringement and referenced other posts one being Photo Attorney.
What I read for the most part at every site concerns me because I work hard to create images and I don’t want to give away my IP rights (Intellectual Property: the new words for what you create ) just because I put it on the web via Facebook, a blogger blog, WordPress, Twitter, etc. I have read, re-read, and compiled the following information for you to decide on your own what is safe to put on the web through a site that is not specifically owned by you through the purchase of webhosting services, etc. I have included links to all of the referenced Terms, Terms of Service.
What gives credence to my concern is the article by Carolyn E. Wright’s post on her blog Photo Attorney. The primary focus was Facebook’s Terms as they are excerpted here.
- 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.
- 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.
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- 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).
What I take from this is the following. They (Facebook) can republish any content I write or upload to my account. Facebook can then use it in a manner they see fit. Facebook can also profit from it and they do not have to pay you from their profit. I am not sure how many people are aware of these terms and conditions. I imagine many people joined and agreed to the terms and conditions without really reading the terms or policy’s associated with the services being provided for a free social media account.
Facebook is not the only site that has this kind of verbiage. Blogger, owned and operated by Google, their terms are a bit less intrusive as to the terms they use, but here are some important excerpts:
6. Intellectual Property Rights. Google’s Intellectual Property Rights. You acknowledge that Google owns all right, title and interest in and to the Service, including all intellectual property rights (the “Google Rights”).
Your Intellectual Property Rights. Google claims no ownership or control over any Content submitted, posted or displayed by you on or through Google services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Google services and you are responsible for protecting those rights, as appropriate.
By submitting, posting or displaying Content on or through Google services, which are intended to be available to the members of the public, you grant Google a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Google services for the purpose of displaying and distributing Google services. Google furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
Even though Google makes no outward claims to any content you may post on a Blogger/BlogSpot blog that can use it because of the verbiage used in the second highlighted paragraph. None of the sites state that there are going to intentionally take your work but the words are there for them to do it.
Twitter’s TOS are really no better than Facebook’s terms.
You agree that this license includes the right for Twitter to make such Content available to other companies, organizations or individuals who partner with Twitter for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Tip Twitter has an evolving set of rules for how API developers can interact with your content. These rules exist to enable an open ecosystem with your rights in mind.
Such additional uses by Twitter, or other companies, organizations or individuals who partner with Twitter, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
It appears to me that if you are a photographer and you put a photo up to let others see your work, you had better be prepared to view it other places and not be paid for its use.
I have read just about all of the terms of service regarding the content creator’s rights and the best is WordPress.
Word Press has the best phrasing in their terms of service.
By submitting Content to Automattic for inclusion on your Website, you grant Automattic a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog.
If they specifically indicated that you only give them license to publish it on the web through the use of their weblog software without any rights to earn revenue from your copyrighted content. I think that would be safe from them basically stealing from you. I think that is why I like the WordPress TOS the best. The pretty much say they don’t want to use you work, they just need the right to distribute/publish it.
The idea behind these terms is based on the fact they provide free software, and access to free publishing, etc. The old adage of “You get what you pay for” truly does apply. So if you are an author, photographer, graphic artist, or any other kind of content contributor that is using the social media site to promote what you do, be forewarned, use caution when you upload, and post to your account. You could end up losing revenue and the proper credit for your work.
Your best option is to record your work as soon as you publish it. The most effective way both in terms of time spent and money is to use Electronic Copyright Office (eCO) . You will save $15.00 if you use the online system since the fee is $35.00 versus the $50.00 if you file using the paper method. You can also review the status of everything you have submitted. In addition, it provides you with one stop access to everything pertaining to copyright law, everything you need to know is there.
In my opinion, anyone self-publishing through a blog, website (you own the domain), printer, etc., copywriting your work is extremely important. If you don’t protect your work, it makes things more costly and difficult to pursue legal avenues should the need arise. You are better off having a website and blog. I have a hosted Blog attached to my website where I am fully protected under the terms of service. I am only vulnerable to those who want to steal my work.
A word of advice, if you do not want to have your work infringed upon, be careful where you publish and make it available. I recommend that Facebook and other social sites be used as intended, socialization and cautious promotion of your work. How you choose to do that needs to be well thought out, and not only from a creative standpoint, but with caution.
Read the terms of service to see how you can best protect you rights and work. I would offer that it is worthwhile to spend some time reading the articles at Carolyn E. Wright’s blog Photo Attorney. You may not be a photographer, substitute what you do in our place. If you still have a question that go beyond what Carolyn has written about or you’re not clear as to how the law applies to what you want to do, it is in your best interest to find an attorney like Carolyn that specializes in the genre of your work.
I am a member of PPC (Professional Photographers of California) and ACFW (American Christian Fiction Writers).
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