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Now You Know

WHO OWNS WHAT YOU POST?

From covering crimes to celebrity headlines, social media plays a starring role in the news & our lives.

A closer look at what happens to your personal photos and video…once you hit “post.”

Now You Know

YOUR RIGHTS

  • Under U.S. copyright law, you OWN the photos & videos you post.
  • *BUT* when you post them, you grant YouTube, Facebook and Instagram a broad license to use that content w/o your explicit permission (because technically speaking, you already granted it when you signed up & agreed to the terms and conditions).
Now You Know

THEIR RIGHTS

HOWEVER, those licenses aren’t entirely unlimited. While YouTube, Facebook & Instagram can’t do whatever they want with it, they can:

  • use, reproduce, and distribute it
  • store, copy, modify, and share it

In other words, they can use your photos/videos to promote their biz, and share it with their biz partners.

Now You Know

Closer Look At Those Terms & Conditions

  • worldwide = their rights exist globally
  • non-exclusive = their rights are shared with you and others
  • royalty-free = they don’t have to pay you a dime
  • transferrabble = they can share or sell their rights to others, like their successors or affiliates
Now You Know

The Other Fine Print

  • Just as we agree for them to use our content when we sign up, we *also* agree to their “community standards” (ex: no nude posts). So, they can freely limit (ie: remove or block) content they deem in violation w/o a heads up.
  • Your First Amendment right to free speech applies to gov’t censorship – NOT social media b/c they are private companies.

 

Now You Know

Remember: even when you delete your content or even your account, your shared content on family/friends pages remains “alive” and well! Bottom Line: Once you post, it's hard to control your content.

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EXCERPT

You own the content you create and share on Facebook and the other Facebook Products you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content.Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Facebook, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Facebook Products you use.You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.

EXCERPT

We do not claim ownership of your content, but you grant us a license to use it.
Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.

EXCERPT

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