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Protect Your Online Photos — STADLER IP LAW

Written by Admin | Sep 3, 2019 4:00:00 AM

Social media can be an efficient way to market your digital work, but it’s important to know how to protect yourself from having your images and other work stolen without your permission.  It also helps to understand the terms you agreed to when you signed up for the services.

A portion of Facebook’s Terms of Service:

“You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings.

In addition:

  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).”

Instagram’s Terms of Use are very much the same, as could be expected, since they were purchased by Facebook in 2012. The user retains ownership, but Instagram can use the uploaded photos without compensating the owner.

Although completely protecting your photos is difficult, there are some steps to take that can help:

1. Change your privacy settings: 

Most services state “subject to your privacy and application settings”., meaning you still control the visibility. For a non-professional user, this is an easy fix. Changing settings on each photo or an entire account can keep your photos out of the public view. That said, most businesses want their photos to be public, so they are seen by as many potential clients as possible and therefore, this is likely not a reasonable option for a business.  You do have the ability to report a stolen image through both Facebook and Instagram. The image may be removed or the original creator will have to be credited.

2. Place a watermark on a photo: 

Some businesses place a watermark over an entire image, while others just stick a name in the corner, so as not to affect the photo itself. Although watermarks can be removed by a savvy user with photo editing software, you may have a case under the copyright law for infringement.

3. Reduce quality of image: 

Another option is to upload photos that are not high resolution, thereby making them less desirable. Some businesses may use this option, particularly those that just want to advertise something that does not rely solely on visuals. For a professional photographer or the like, this would negatively impact the appearance of the quality of their work.

4. Photo editing and website coding: 

For anyone who simply does not want to rely on social media and giving up those rights, they can utilize some tools in their own photo editing and website building.  It is possible to embed copyright and contact information into an image. That is called metadata and Facebook strips that aspect when you upload a photo, but you can retain it on your own site.

You can also use "No Right-Click" Scripts in the website coding. Depending on how it is coded, when someone tries to download your photo by right-clicking on it, they will not get an option to download the image and may receive a pop-up error message. A determined viewer can grab screenshots, but it certainly won’t hurt to add that protection.

A less common method is to “shrink wrap” an image. Using a Javascript technique, you can overlay a transparent image over the top of your original image. When a website visitor tries to download the original image, they only get the blank image. This is another method that can prove useless because of screenshots, but again, it is an option.

5. Backup your data and delete: 

When it comes to social media, their rights to your photos are terminated once you delete your photo or deactivate your account. Again, this is not a foolproof method and certainly not an option for most businesses, but it is an option nonetheless.

Although you may not have recourse through social media, you can officially register your photos with the Copyright Office, which will give you some protection for your offline work.

To learn more about the basics of copyright, how you can help protect your work, and avoid infringing upon others' rights, join us for one of our FREE monthly Pirate Fight Club® events!

*Please note that this information is shared as guidance only and is not intended to be legal advice for your particular business and circumstances. For more information on IP and to access videos about IP, visit our youtube page.

Facebook Terms of Service

Report a stolen photo on Facebook