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Posted by: Oxac Feb 7 2009, 05:57 PM

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

Scroll down to Ownership, Proprietary rights.

Licenses.

And see for yourself.

Posted by: skennington Feb 7 2009, 06:10 PM

It says....

Except for User Content and Applications/Connect Sites, all materials, content and trademarks on the Facebook Service are the property of Facebook and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws.

Maybe I'm missing something but, to me, this (User Content) means anything of mine that I upload.

Posted by: wrk Feb 7 2009, 06:15 PM

I think Oxac was meaning the "Licenses" paragraph.

The problem is it can not really be handled differently for an online service like facebook, without restricting them selfs too much.

Posted by: Oxac Feb 7 2009, 06:57 PM

You are solely responsible for the User Content that you Post on or through the Facebook Service. You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your sekretessinställningar or (ii) enable a user to Post, including by offering a Share Link on your website and ( to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and ( on or in connection with the Facebook Service or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

Posted by: utak3r Feb 7 2009, 06:59 PM

It's just any website which allows you to upload anything, has to have such rules in their terms. There's nothing about stealing prioprietary things, it just has to be done this way, study all other services.

Posted by: Velvet Roger Feb 7 2009, 07:45 PM

Indeed, same story with youtube:

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the YouTube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the YouTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the YouTube Website. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

Posted by: utak3r Feb 7 2009, 08:07 PM

It has to be that way, otherwise they couldn't have our materials on their websites... so it would be without any sense, right?

Posted by: tonymiro Feb 7 2009, 10:13 PM

The part that I'd be most interested in is:

...irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post...

Copyright law - in any country that I know of - does not include Universalised terms such as 'perpetual', 'irrevocable' etc - nor does it transfer the rights to interpret a work solely to some other single party ('use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute' in conjunction with the former) in such a broad manner.

Be interesting to see either Facebook or You Tube try to enforce those conditions.

Cheers,
Tony

Posted by: utak3r Feb 7 2009, 11:05 PM

Just think a moment - if they didn't have the right to reproduce and so on, then your works couldn't be uploaded to their servers...

Posted by: Mandos Feb 8 2009, 01:06 AM

The entertaining part is the you can't (in Sweden) deny yourself those rights as the creator of the piece (picture/song/whatev).

Posted by: Velvet Roger Feb 8 2009, 08:10 AM

Indeed, a lot of terms and conditions on websites and whatever else situations contain loads of things which will never survive if you actually go to court ultimately to either enforce them or fight them. Although a contract is a contract, it does not effectively mean that you may put all kinds of terms and conditions in it which are not valid according to law or reasonable to a certain extent.

Posted by: Mandos Feb 8 2009, 08:24 AM

You can also argue the validity of the terms of use, since anyone can press the "I agree"-button and there's no way to prove that it was you.

Posted by: coloneldrew Feb 8 2009, 10:45 AM

Well on facebook they require you to send them some form of ID when you're uploading music to your band page. I know because I was thinking of doing it but didn't get around to it yet. Still, the terms are the way they are so those sites have the ability to advertise and distribute without having to pay a cent. Its pretty much free promotion for yourself. You should be more worried about other users stealing your work.