Facebook is heavily used by business people to keep in contact with one another, with clients, and in some respects acts as a portfolio for creatives. Earlier on, I did not post any photos or other copyrighted material of mine to Facebook because of their rights-grabbing Terms of Service which, by posting your photos or other copyrighted content you granted Facebook (bold and italic emphasis is mine)
“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 privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) 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.”
The above terms have been part of the TOS probably as long as Facebook has been in existence. However, on Feb 4, an updated TOS included the following bit, related to what happens to your content when you terminate (or Facebook terminates) your account (again, emphasis is mine):
“We may terminate your account on the Facebook Service, delete your profile and any User Content you have Posted on or through the Facebook Service, and/or prohibit you from using or accessing the Facebook Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the Facebook Service at any time without notice. The following sections will survive any termination of your use of the Facebook Service: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the Facebook Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.”
So, even when you terminate your account, Facebook has the right to use your content. I’m sure this is in relation to possible disputes, court cases, etc. and the retention of evidence. But, there are no words in either section mentioning any specific conditions. It’s global. I’m no attorney, but I’d rather not be faced with a copyright infringement suit against Facebook under these conditions.
To me, this appears to be a contract. When you join facebook, you agree to the TOS which includes these statements, therefore, you agree to the rights granted and your copyrighted, rights-managed photographs, text, video, etc. are now royalty free and “belong” to Facebook (you’ve just granted them the right to use them any way they want. Might as well have mailed them a DVD with the files.
There is a previous section which talks about how Facebook does not OWN your content. This is something very different. They don’t OWN your content, it is copyrighted, you own it, and you’re not transferring your copyright to Facebook. But, in the next section you are GRANTING THEM USAGE of your content. For free.
So, warning. Beware. Be careful what you upload.