[Leica] simple intellectual property question

[kcarney1 at cox.net (Ken Carney)]

Jack,

Thanks for your time to reply and the input.  The question was more of
curiosity for me, once I read the Facebook ToU, since I have yet to get
substantial prices for my photos, except as I have noted at charity auctions
with open bars.  My question was based on the expansive wording of the FB
ToU, specifically the word "anything" in the definition of content subject
to the ToU provisions.  In looking around the web, the non-lawyer responses
I see indicate, as Nathan said, that FB might publicize the link but not the
underlying image.  It seems that the trouble starts when one directly
uploads a photo to FB, and then the royalty-free license attaches.
Evidently there was a similar problem on Flickr, in that a change in their
"share" button uploaded a copy of the image to FB instead of just a link.
The Flickr response I saw indicated that one could still post a link if
there was concern about IP rights.  But, so far nothing authoritative.  

Best regards,

Ken

-----Original Message-----
From: lug-bounces+kcarney1=cox.net at leica-users.org
[mailto:lug-bounces+kcarney1=cox.net at leica-users.org] On Behalf Of Jack
Milton
Sent: Saturday, February 02, 2013 3:40 PM
To: Leica Users Group
Subject: Re: [Leica] simple intellectual property question

Hi Ken,
 I'm not a lawyer, but the photo editor at a daily newspaper. I have spoken
to a lawyer about photos on Facebook. Facebook, and any other photo sharing
Web site, and your ISP, for that matter, is just trying to protect itself by
saying that if you post a photo, or other content on FB, FB has the *right*
to display that photo. It seems a simple enough concept-why would FB need
legal permission to display content that you've upload to FB for the very
purpose of displaying it, but that's what's happened in our litigious
society.

 Of far more concern to any content producer, is what can happen to your
content (photo) if you post it anywhere on the Internet, or even send it in
an email to someone you know. It's just TOO easy to "share" (steal) that
content and use it for some other purpose. That shouldn't stop you from
posting your photos on FB, or the LUG  gallery, or anywhere else. Just be
aware that you're giving up a lot of control over what happens to that
content once you press that Send or OK button.

 If you're a photographer who is trying to make a living from your
photographs, you probably shouldn't post anything that might help make that
living for you. Share them with your clients, your agency, your employer.
Use them to advertise you skills. The rest can be posted anywhere you like
to entertain your friends and the world, just expect them to show up in
unexpected places.

Jack Milton

On Feb 1, 2013, at 5:39 PM, Ken Carney <kcarney1 at cox.net> wrote:

> I think this is clear, but I would appreciate any corrections.  The 
> Facebook terms of use state that for any IP content that I post, I 
> retain ownership but grant a royalty-free sublicense.  From the 
> definition of "content", it appears that if I post a link to one of my 
> photos on Facebook, I have granted the sublicense for that image, the 
> same as if I had uploaded the image to Facebook.  Correct?  Thanks for any
help.

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