UPDATE 11/11: Facebook updated the terms sometime back with this:
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
It would be interesting to see if they indeed used a derivative work of your photograph for commercial purposes… would you be able to sue them immediately after deleting the original from facebook? The Terms say that the license expires once you take the content down…
UPDATE 04/23: You can tell Facebook not to use your name/image in an ad under a well-hidden privacy page. Go to Privacy -> “News Feed and Mini Feed” (why the hell is it in News Feed??), and click the “Social Ads” tab. Then click the drop-down box and select “no one”.
I was going through Facebook today, when something peculiar caught my eye on the left side of my screen. It was an ad. But it wasn’t one that made me laugh.
Advertisements are really stupid, IMHO. I GO OUT OF MY WAY to ensure I don’t click them. If one piques my interest, I find its URL, and I manually enter it. I. Hate. Ads.
What scares me, though, is the thought of “Targeted Advertisements”. It’s called that when a marketer gathers info about you to show a customized ad that, theoretically, would entice you to click. For instance, say I reveal that I’m a computer science major. They could force-feed me an ad about coding internships. In the movie “Minority Report”, you see a good representation of what it could potentially lead to.
So, back to what I saw on Facebook. A screenshot:
Apparently, they are permitting corporations to utilize your copyrighted photograph in an advertisement for a webpage or application that is probably making money through ads on its own “home page”. Do you know that they’re using YOUR PICTURE and YOUR NAME to promote THEIR SERVICE? I’m posting this for every single Facebook user out there. Because when they decide that they can take my information and post it wherever they feel like it simply because I clicked “Become a Fan”, I will sue them. I kid you not.
I will SUE them.
Unless somewhere deep in the guts of the privacy pages they say I allow them to do this maniacal thing, there is now way that is legal.
I will leave Facebook in a heartbeat if I ever see my face in an ad.
In short, app developers must “adequately disclose” what they’re doing with your information (if anything other than what is permitted in the Terms, I suppose). I decided to add the application to see if they included a separate ToS. They don’t. If you click on their “About” link, NOTHING happens (not even a 404.. the app is coded in Flash.. ugh). Also, they have to agree that they won’t infringe your copyright; that clause SPECIFICALLY INCLUDES advertising.
I am so mad right now.
See the Guidelines for Platform Applications: I.3 (I don’t know the formal way to do sections/paragraphs)
And in the Developers Terms of Agreement: 5.A, fourth bullet point.