arturo in Personal
03-06-09
This is an extract of the terms and conditions in facebook/cheekybook, taken on the 6th of March 2009 at 7:46. I am not really into law but I can understand that this shouldn’t be like that. I have several questions but the main one is what happens if I publish a photography taken by a friend of mine whom owns the rights and he never published it in facebook.
“When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. 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. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Facebook does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.”
Does this text mean that facebook owns the rights of this image that my friend took and never published himself in facebook? Does this mean that facebook owns all the exploitation (drechos de explotación) rights related to this image –yes, “you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content”– meaning that they can “use, copy, publicly perform, publicly display, reformat, translate…” as long as I have it published in my profile? What the fuck? What the fuckbook? What the cheekybook?
Can any lawyer explain this to me because I don’t understand it. It even makes me think about closing my account strait away.
Comments1 Comment
Personally I never publish pictures of videos on facebook because of that. It’s one of this kind of deals, take it or leave it. Since it’s a private agreement you can put this abusive terms.
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