Share Link to Facebook...clarification of TOS

[LeelooD]

What is the name of your state (only U.S. law)? Delaware

Hi,

I was wondering if you could help me with this...I post my photography on a site that have recently added share link buttons to Facebook/Digg/Reddit/Twitter. My question is about the share link TOS (below) on Facebook. Specifically No. 2. And the definitions that they use, also copied below.

"Special Provisions Applicable to Share Links

If you include our Share Link button on your website, the following additional terms apply to you:

1. We give you permission to use Facebook's Share Link button so that users can post links or content from your website on Facebook.
2. You give us permission to use such links and content on Facebook.
3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on Facebook."

"Definitions

1. By "Facebook" we mean the features and services we make available, including through (a) our website at [url]www.facebook.com[/url] and any other Facebook branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
2. By "us," "we" and "our" we mean Facebook, Inc. and/or its affiliates.
3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from Facebook and provide data to us relating to Facebook users.
4. By "content" we mean the content and information you post on Facebook, including information about you and the actions you take.
5. By "post" we mean post on Facebook or otherwise make available to us.
6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of."

My question is, the share link button is situated on every page that I have a piece of artwork. If pressed by anyone (member/non member of the site that hosts my work) it creates a thumbnail - of the specific piece - link on that persons facebook page. Although the thumbnail isn't hosted on facebook, do facebook gain a license to use my work, situated on the host site as per the terms above? I know the terms are vague but alarm bells are ringing for me because I see no language such as "for the sole purpose of display on facebook..." etc., etc.

Any help would be much appreciated.

[Skyymiles]

Originally Posted by LeelooD

What is the name of your state (only U.S. law)? Delaware

Hi,

I was wondering if you could help me with this...I post my photography on a site that have recently added share link buttons to Facebook/Digg/Reddit/Twitter. My question is about the share link TOS (below) on Facebook. Specifically No. 2. And the definitions that they use, also copied below.

"Special Provisions Applicable to Share Links

If you include our Share Link button on your website, the following additional terms apply to you:

1. We give you permission to use Facebook's Share Link button so that users can post links or content from your website on Facebook.
2. You give us permission to use such links and content on Facebook.
3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on Facebook."

"Definitions

1. By "Facebook" we mean the features and services we make available, including through (a) our website at [url=http://www.facebook.com]Welcome to Facebook | Facebook[/url] and any other Facebook branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
2. By "us," "we" and "our" we mean Facebook, Inc. and/or its affiliates.
3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from Facebook and provide data to us relating to Facebook users.
4. By "content" we mean the content and information you post on Facebook, including information about you and the actions you take.
5. By "post" we mean post on Facebook or otherwise make available to us.
6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of."

My question is, the share link button is situated on every page that I have a piece of artwork. If pressed by anyone (member/non member of the site that hosts my work) it creates a thumbnail - of the specific piece - link on that persons facebook page. Although the thumbnail isn't hosted on facebook, do facebook gain a license to use my work, situated on the host site as per the terms above? I know the terms are vague but alarm bells are ringing for me because I see no language such as "for the sole purpose of display on facebook..." etc., etc.

Any help would be much appreciated.

Facebook owns the rights to anything, hosted or not, that you 'creatively' license to them via post, link, ad, microblog, etc. that's just an unfortunate fact of life...

[LeelooD]

Thanks Skyymiles,

I kinda thought that alright, I just didn't think that facebook would have the b*lls to try to claim content from a link.

My next question is, the site I am on are not offering an opt-out of the share links. If I were to put a disclaimer on each piece of my artwork that I specifically do not want it shared on facebook, looking at the rules for the "Special Provisions Applicable to Share Links".

Would my site be in violation of the above special provisions? And would they have to offer an opt-out for anyone who doesn't want to share?

Thanks again.

[Skyymiles]

Originally Posted by LeelooD

Thanks Skyymiles,

I kinda thought that alright, I just didn't think that facebook would have the b*lls to try to claim content from a link.

My next question is, the site I am on are not offering an opt-out of the share links. If I were to put a disclaimer on each piece of my artwork that I specifically do not want it shared on facebook, looking at the rules for the "Special Provisions Applicable to Share Links".

Would my site be in violation of the above special provisions? And would they have to offer an opt-out for anyone who doesn't want to share?

Thanks again.

Yea', it's a shady world wide web lol. Ummm, but ok on to your next question. If I understand you correctly, you want to utilize a custom written disclaimer on your art, meaning original work created by you, on every image so that when people like to these social networking sites, they are expected to comply with your usage requirements? If so, by using say, facebook's 'share link' alone, would suprecede any special notice you place on your original artwork. Ultimately you are bound by the sharing/linking site's Terms of Use, irregardless of anything you write on your own site. They would under no circumstances be obligated to offer an 'opt-out' for anyone who dosent want to share your content... It's like it's really their rules you have to abide by or use another service that more closely suits your needs.

Hope this helps

[LeelooD]

Thanks again Skyymiles,

This is the TOS for the site I am on regarding the use of links to external sites.

External Links

****** may provide links to third-party websites or resources. You acknowledge and agree that ****** is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ****** of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Because it's not only me able to share my work, but anyone else on the site or anyone who just happens to 'drop by' (i.e not a member) would this be a violation of these terms. As I can't acknowledge 'sole responsibilty' if I'm not the one sharing?

Thanks

[Skyymiles]

Originally Posted by LeelooD

Thanks again Skyymiles,

This is the TOS for the site I am on regarding the use of links to external sites.

External Links

****** may provide links to third-party websites or resources. You acknowledge and agree that ****** is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ****** of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Because it's not only me able to share my work, but anyone else on the site or anyone who just happens to 'drop by' (i.e not a member) would this be a violation of these terms. As I can't acknowledge 'sole responsibilty' if I'm not the one sharing?

Thanks

mmkay...so im assuming this is Flickr's ToS we're dicussing or similar... *f*l*i*c*k*r ? srry couldn't help but guess... you dont really have to worry about what anybody else does. If an attorney has been tasked with issuing a subponea for a particular website to 'discover' IP addresses of violators, that's a completely different discussion...lol

[LeelooD]

Hi Skyymiles,

No not Flickr! It's deviantART...

If I can ask you, how confident would you be that, if I have work hosted on deviantART that's being sharelinked to Facebook, Facebook can use it in, for example, one of their ads.

I'd appreciate your opinion because I'd like to know if I need to take down my entire gallery to protect my work.

Really appreciate the help,

Thanks

[AlexInCali]

Why not set up your own site/gallery and steer people there? That way, you'd have more control over how your content is used, and can create your own terms of service.

If you're that worried about it, that may be the way to go.

[Skyymiles]

Originally Posted by LeelooD

Hi Skyymiles,

No not Flickr! It's deviantART...

If I can ask you, how confident would you be that, if I have work hosted on deviantART that's being sharelinked to Facebook, Facebook can use it in, for example, one of their ads.

I'd appreciate your opinion because I'd like to know if I need to take down my entire gallery to protect my work.

Really appreciate the help,

Thanks

Originally Posted by LeelooD

Hi Skyymiles,

No not Flickr! It's deviantART...

If I can ask you, how confident would you be that, if I have work hosted on deviantART that's being sharelinked to Facebook, Facebook can use it in, for example, one of their ads.

I'd appreciate your opinion because I'd like to know if I need to take down my entire gallery to protect my work.

Really appreciate the help,

Thanks

100% bc your OP states it by definition with Facebook's Special provisions. Now how confident that they will actually generate a need or desire to use your art. I have no clue and that's completely subjectable lol

[LeelooD]

Hi Skyymiles,

lol That's true, they may never use it at all, but why would I want to inadvertently give them permission!!!

And it looks like they're changing their TOS again!!

[Skyymiles]

Originally Posted by LeelooD

Hi Skyymiles,

lol That's true, they may never use it at all, but why would I want to inadvertently give them permission!!!

And it looks like they're changing their TOS again!!

not suprised, after all, ToSs' are "subject to change"...lol

[LeelooD]

Originally Posted by Skyymiles

not suprised, after all, ToSs' are "subject to change"...lol

Yeah but they seem to change them quite a bit!!