Originally published in the Kitsap Peninsula Business Journal
If you’re like most people who have embraced social networking sites as an extension of their personal and professional lives, you’ve probably not taken the time to read through the lengthy (and often legalese-filled) terms of service when you signed up. But if you’re posting content you hold dear to your heart, you may be surprised to learn those websites may have almost as many rights to those photos or words as you do.
Social networking sites go out of their way to reassure users they have complete control of their content. Which is why many include statements in their TOS such as, “You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours” (Google).
Keep reading, however, and red-flag words pop up: The standard language for those sites includes a license granted by the user to do things like reproduce, modify, create derivative works, publicly perform and publish in any media. Translation: What’s yours stays yours, but you’re giving Facebook, SlideShare etc. the right to use your content for promotional and other purposes. The language usually includes words such as irrevocable, perpetual, royalty-free, transferable and sublicensable and extends not just to the website owner but, in the words of Google, the “people (they) work with.”
Peruse some of those TOS and you will find interesting (and questionable) licensing terms. LinkedIn, for example, claims the right to use “ideas, concepts, techniques or data” users share on its site. YouTube claims the right, among other things, to redistribute in any media channels and formats, including through affiliates.
Are these companies likely to make a television movie out of your home videos or use your favorite pet photos on T-shirts? Probably not. Could they do things like using your photos in advertisements? Look no farther than Facebook to answer that.
The risk of giving a blanket license to your content doesn’t mean you should immediately pull up all your social media stakes. But for creative types who want to keep exclusive rights to their work, or for businesses that don’t want to give out any rights to their photos or ideas, for example, it may be worth doing some comparative TOS shopping. Some free sites (WordPress or Flickr for blogging, among others) are a lot less aggressive with their licensing terms. A little analysis of risk vs. return on investment may be a prudent move — if nothing else, at least be educated about what’s truly yours and what forever can be exploited by others, with your implied blessing.