American Society of Media Photographers warns about new Facebook T&Cs

Another day, another controversial change to Facebook’s terms of service – this time, Facebook is planning to update its (very) smallprint in a way that some commentators worry greatly increase the company’s power to exploit users’ content and identities.

The American Society of Media Photographers has warned its members to ‘beware’ Facebook’s proposed new terms of service, which – it claims – would allow the social media giant to ‘exploit your name, likeness, content, images, private information, and personal brand by using it in advertising and in commercial and sponsored content – without any compensation to you’.

In a blog post structured as a question and answer format, the A.S.M.P. dissects Facebook’s new proposed terms of service, explaining what the company has changed, what it might mean for photographers, and what concerned individuals can do to combat the changes.

Facebook’s proposed terms of service are available to view online here.

The depressing answer is that if the changes are made official, there’s nothing users can do directly, since according to the A.S.M.P. ‘Facebook has specifically removed the language from their TOS that allows you to limit how your likeness, information, and content are associated with brands, commercial uses, or sponsored posts. They have also removed the clause that makes them subject to the privacy limits set in place by you on your profile.’

The A.S.M.P. suggests that members ‘become informed’, ‘spread the word’, and ‘call for action’ from other professional organizations with whom they work to ‘ensure fair and respectful treatment of users by online services like Facebook and Instagram.’

Have you read Facebook’s new proposed terms of service? Do you care? Did you even know about the changes being proposed? Let us know in the comments.Β 

Facebook introduces shared photo albums Canon announces PowerShot N Facebook ready edition New cheat sheet tells you how to keep photos sharp when sharing Nikon gets social with Facebook app

Comments

jf_tea

Life is too precious to spend it reading EULA and ToS… and then be shocked and anxious about the consequences of using those services or products.

I’ve closed my (mostly unused) FB account more than a year ago.

Reactive

I’ve never had a Facebook account, so laugh every time one of these horror stories appears. I simply can’t see the point of telling the whole world every time I go for a dump, or ‘sharing’ a false impression of my wonderful happy life and my overwhelming social standing. If you’re stupid enough to give away all your personal details and photos on Facebook, stop whining when it gets used elsewhere.

turretless

Exactly! People inclined to social voyeurism don’t understand that they’re willingly participating in implementation of a wet dream for all kinds of Big Brothers. On the other hand they might even not recognize the reference. Ignorance is bliss πŸ™‚

Suntan

If you sell photos to people that do have a facebook account, then your photos are posted all over Facebook all the same.

-Suntan

wcbert

In Facebook’s “Proposed Updates to our Governing Documents” there is mention of “We are proposing this update as part of a settlement in a cout case relating to advertising”

Does anyone know what the court case was about?

turretless

Facewhat?

Wye Photography

I put all my personal data on Facebook. I don’t worry because all that data is fabricated. My FB presence is a false person. Time for a wry smile πŸ™‚

jf_tea

FB records and analyzes every click and connection that you have.
They nail you anyway.
The only solution is to quit.

Jahled

Some genuinely paranoid remarks below. Has there ever been a major legal dispute regarding someone’s personal data and Facebook? I mean other than idiots posting stuff about their employers etc, has Facebook ever actually screwed someone over say for example over the copyright of their creative work, such as photography? All i’m reading is Facebook tightening up to safeguard themselves, not take control over our lives.

I’m actually quite curious, though may have not entirely grasped something in the article.

Peter Galbavy

Has anyone in the EU – and not the US – done a proper analysis of the likelyhood of any of these changes being allowed? Data protection laws actually exist in the EU and while Facebook may claim to be a US business and so only subject to US laws (this was very recently, probably in conjunction with this change) I don’t believe the lawyers will see it that way.

Don’t forget DPReview is owned by one of the other big, evil, data sucking giants – Amazon.

mariuss

“Facebook is planning to update its” When? Is this already happened? Or is there a chance that they are not doing this?

Matthew Blumenthal

I care, but I’m careful not to put much personal info on facebook for just this reason. I don’t trust them at all, but I do want to keep up with friends all across the country. I especially will not put my best photos on there due to this type of thing. (Not that my best is very good. It’s not. Still mine though.)

Digitall

At present there are many people who do not know what to do with their lives without social networks like FB, G+ and others. These social networks are the reason for their existence often. What we have in social networks, shared phrases and tons of publicity, unless specific situations, in fact the people themselves, do not sharing something original and unique, they share what millions of people share, aaahh and make millions of Likes too…without talking.
Social?

ConanFuji

I don’t use facebook and I get back years of my life.

tigrebleu

The reason I stopped posting pictures on FB a long time ago. Facebook’s Terms and Rules basically allow them to do whatever they want with the content you post on the social media pages. I didn’t put a single picture on FB since over a year, and judging from this latest modification to their rules, I’m not likely to change my mind about this anytime soon.

I understand that FB needs the user’s approval to reproduce his/her contents on third party pages and apps. and that making specific rules each use and its limits wouldn’t be manageable.

I could be possible to come up with a new Terms of service agreement that prevents the sharing of the content posted by user to be used for commercial purposes, except for those in direct relation with the marketing and promotion of FB services and its contents, or something of this sort. This would allow FB to use the users’ contents without fear of constant legal issues, while preventing abuse at the same time.

But FB wants to make profits, so…

Mahmoud Mousef

It’s really simple.
Social networking sites are a marketer’s wet dream and a dream for central planners and profile-building global spying agencies.

You (and your kids) are the product. Make no mistake about it. You are exploitable to the maximum extent of the law. In case you haven’t noticed, there is no law. EVERYTHING you do online is being recorded, including your phone calls and Skype calls.

Your details, pics and associations are shared with many companies in back-room deals; you have agreed to this. If you are OK with your associations and content being exploited by marketers and shared with government, insurance and god-knows-what-else, continue using these ‘free’ services.

If you’re OK with these spies spying on you, that’s fine. Just don’t say anything critical of your so-called leaders or you may find yourself on the receiving end of a big stick real quick.

You are not in charge of your content. Your content and activities are there to be sold and exploited.

Camediadude

“Just don’t say anything critical of your so-called leaders or you may find yourself on the receiving end of a big stick real quick.”

So have you too been indoctrinated by the culture of fear that these ‘leaders’ have been propagating?

I say bring the sticks. Some of us are ready to fight back.

And in due time, many others will follow.

pavi1

Correct and we dont care. I dont do crime so it does not matter to me that all my movements are tracked by my cell phone, cameras at every intersection in town and license plate readers everywhere I go. The only thing that bothers me is everytime I google something, my email gets bombed with spam about whatever I did a google search for.

SantaFeBill

“I don’t do anything wrong, so I don’t have to worry that the state knows everything I do.” Tell that to the literally millions of people who were killed by their governments in the 20th Century alone, simply because of who or what they were, not because of anything they did. In Hitler’s Germany, all you had to be was an ‘Untermensch’, in Stalin’s Soviet Union, peasants who were seen as an obstacle to collectivization.
Tell that to the tens of thousands that are now being imprisoned or executed around the world today simply because of their ethnicity, religion, or politics.
How can you know anything about history or current events and think that an authoritarian government waits to punish those it wishes to until they actually do something that would, in a free society, be considered a crime?

Phileas Fogg

Pavi1,

Trust me, you have and likely will and probably unknowingly commit a crime. There are laws on the books so outmoded, so outdated that they serve no relevance but are laws still on the books that you, I and most others probably have broken and will break.

This said, pavi1. if you have nothing to hide as you state then please answer me this? Would you allow the state to install closed circuit cameras and microphones throughout your house? After all you have nothing to hide right? So if you say ” NO WAY!” what would be your reasoning then?

You see pavi1 most crime likely begins inside the four walls of a house and/or the four walls of a business office. It would be much easier for the authorities to have closed circuit cameras installed in peoples homes and/or offices. BUT! that does not equal good police work, nor any real added safety but will reduce you to living in an Orwellian police state.

Think about it pavi1.

pavi1

You are having a really difficult time are’t you?

CameraLabTester

The company is addressing several issues with authorship and original image content being abused by other users, other than Facebook.

Facebook is washing their hands off with being blamed by third party thieves who inadvertently are existing Facebook partners. They don’t want to be dragged in the quagmire of lawsuits.

It is almost impossible for Facebook to monitor theft by 3rd party users.

They want to cover their ass.

.

pavi1

If you publish it on the internet, it is published forever and anywhere someone wants to repeat it.

Phileas Fogg

“Am I my brother’s keeper?”

Modern thoughts are to turn it as “I am my brother’s keeper.” That is we as people are to look out for the better interests of others including those whom we may not know. Of course we all can’t inform, look out, or come to the aid of all others all of the time, but we should if/where we can.

I use to feel if I believe I had important and pertinent info to share with others even those I may not know, that I should with clarity and passion share said info. If it helps then great.

Today I still share important info but sorry I do not bang my head against a proverbial wall anymore. I have found and still find that most people can’t bother to really save themselves from little issues right up to major ones in life. Why should I bang my head against a wall and suffer for those who could not seem to care any less if their words/actions may give poor results in their lives?

Use things like FB at your own discretion is all I can really offer in the end.

Mike C

I tried Facebook and cancelled because I felt (as an IT professional) that the security settings did not meet my own needs for an absolute lock down. Now FB gets worse…. The new policy seems very arrogant?? A FB user (free service or not) is a customer and will go elsewhere if dissatisfied…..

I agree with the prior poster. Get a personal website and lock it down ….

Rock Rat

FB users aren’t the customers, they’re the product. The customers are the advertisers.
If you get an online service for free,you’re the product.

Camediadude

With each passing day our “titans of industry” (whose pockets overfill with our useless sellout politicians) more and more mimic the evil villains of a James Bond movie.

mweggie

and we need FB why?

agentul

because you have a fancy smartphone, and it’s pretty much designed with social networking in mind. why do you have a smartphone? because you can’t buy high quality “normal” phones anymore.

OldArrow

See here, https://www.abine.com/how-donottrackme-works/ , and pick what best suits your needs.
Aside from that, the reasonable decision is to remove your contents and account from FB, and then be prepared for an avalanche of reminders, prods, and other “important” messages about how you should re-join. πŸ˜›

OldArrow

By the way, at least five companies are tracking you HERE right now: Google +1, Twitter Badge, Facebook Connect, Google Analytics, and Comscore Beacon.
And God (maybe) knows how many others…

andywhoa

Alexa Metrics
Amazon Associates
DoubleClick
Pinterest

Ferling

I had a WasteBook account while it was fun, and I’ve deleted the commercial stuff a long time ago. I also stopped posting my work out of respect for some friends/clients whom didn’t want their photos, or private lives shared outside their family, etc. Email, a phone call and a secure Zenfolio gallery does wonders.

If you do have FB account, and swear it’s a lifeline to leads and clients who provide you income that meets or exceeds your cost of doing business, (and not those whom try to take advantage of your “friends” status). Here are some things you can do:

1. Replace your profile pic with an avatar or something other than your face, to prevent it from winding up in something embarrassing to your reputation.
2. Post small images with fat watermarks and links to a protected gallery.
3. Be careful what you say by being your own PR rep.
4. Opt out of everything, kill the apps, and make sure that your settings for tagging and posting on your wall, require your approval, first.

Rbrt

I never did get Facebook. I am currently involved in a legal dispute. One of the first things my attorney asked me is whether I had a Facebook site. I told her I didn’t and that I never understood why anybody would want to expose their private life to millions of strangers. She nodded approvingly. Apparently, even if you make your profile “private” you can be forced to reveal it under the rules of disclosure. This latest revelation makes it even worse. I laugh at those who talk about “Facebook bashing” being the latest trend. What is wrong with you?

Members of my family have profiles on Facebook. They put pictures of their kids on it. I don’t get that. I don’t get it at all.

EvokeEmotion

“I laugh at those who talk about “Facebook bashing” being the latest trend. What is wrong with you?

Actually, I said Apple bashing is trendy, and FB-bashing is cool. Anyway, what’s wrong with me? Nothing. But what’s wrong with you? Plenty of folks here are bashing FB. Did I not state a fact here? I didn’t say if they’re right or wrong to bash FB, did I?

retro76

My wife and I deleted our Facebook accounts months ago. Friends and family members are doing the same thing. We set up our own web site which is private and allows forums and picture sharing (and tons of other stuff) for $20 a year.

Rbrt

Personal web sites are cheap. Watch out for vendors like Go*addy – by the time you are finished you’ll feel like you’ve been to a MacDona*ds and asked if you wanted cheese with that 7,000 times. A year later you’ll be amazed at the extra charges you’ll be hit with.

OneGuy

Even if you have your own web site, search engines will allow your friends to find you.

Personally, if I were to get Facebook-sourced information, I’d know it’s about people who are for the most part clueless and who cannot contribute much.

Also, there is no feedback. If you put your face on a billboard you will know more about the people seeing you than if you put your face on FB. I have StatCounter on my website and am very comfortable updating my site to reflect the interest of my anonymous visitors.

Jacques Cornell

What’s trendy these days more than facebook or Apple bashing is rights grabbing. That’s where the money is. Social media sites and “photo contest” organizers all over the place are doing it. If you think your photos have any value whatsoever, be very, very careful who you give them to.

My solution is to post only a very small number of unimportant and watermarked photos direct to facebook and to post only a link to the good stuff on my website.

ceving13

Who needs Facebook? People having passed age of puberty but still using Facebook should think about a good couch doctor.

EvokeEmotion

Facebook bashing – it’s what’s cool these days. Although Apple-bashing is still quite trendy.

Rbrt

Syria bashing is popular too.

Mr Fartleberry

Don’t forget Adobe CC sub$criptions.

marike6

“Syria bashing”. Is this a joke? On second thought, I don’t want to know.

Corlissmedia

If Facebook offered to pay for your content, would that make this work?

Rbrt

How much could they offer, really? Look at loyalty programs. You get pennies for exposing your every purchase.

Just a Photographer

Wonder if this would be legal in Europe.
Especially with all the fuss about NSA and privacy rules.

These new terms of service will add up to a big discussion about privacy and ownership of content that is already going on.

Petrogel

What do you think is different in Europe, same sheet different language

Rbrt

The Euros are much more savvy about this. They remember what the Nazis did – with IBM’s help by the way. Those numbers they tattooed on peoples’ arms were put on IBM punch cards.

BigEnso

And made Thomas Watson and IBM a ton of money.

ljfinger

I’m not sorry I never joined Facebook, and I don’t plan to join anytime in the future.

pavi1

thanks

Higuel

It would be VERY helpful if someone would make a good article about how to protect our images and privacy for REAL in facebook!

When will someone create something that allows us to connect with ppl in fakebook but not posting actually nothing in it, just having links that automatically would link our friends to it?
That could be a solution!

Raist3d

The solution is to not facebook at all. You agree to their terms or decide it’s not for you.

Carlos Echenique

removed pro content from FB. Only provide links to offsite content. Once that catches on, they will probably claim that all content linked from them is now their content.

FB: ALL CONTENT ARE BELONG TO US!

Petrogel

They belong to us, to them, everybody.
Once you upload something to fb (or online in general, google will index it ) it’s just stops to be yours, it’s ours !!!.
They’ve indexed us and now have started indexing under-net

Danothy

I’m still wondering what sort of content may be ‘exploited’ and in what way …

Chris Howitt

I don’t care! I don’t do Facebook

Terry Breedlove

Not that easy anymore. Most of my wedding and portrait clients come from FB.

Hassan Al-Rayes

not surprised

Long Live Film

Oh Facebook, don’t you make enough money already without having to sell my soul?

Devendra

Weird reaction to secret but things known. Just like reacting to NSA thinking big brother doesnt know what you do in the digital and analog world.

Jimmy jang Boo

There are far greater liabilities with far greater consequences to using FB.

pavi1

You are some really ignorant people. Did you really think that was your “Aunt Sally” suggesting that you might be interested in purple widgets. Facebook has been posting on my friends news feed on my behalf for a long time. Nothing new.
Not sure why anyone would post anything of value on a public web site. If you do, then you deserve what ever abuse they heap upon you.

Mark Carr

I can’t believe so many people have gravitated to these social media sites, they’re just data collection agencies. I have friends who have tried to cancel their membership and could never get their content removed, so I guess once you sign up you’re a Facebook member for life. Just create a website for yourself, they’re cheap enough today with WordPress, and then use e-mail to correspond.

JEROME NOLAS

Long live the NAZIBOOK!!!!

SeeRoy

FaecesBook.
“Never give a sucker an even break”
W.C. Fields

Petrogel

Facebook !!! isn’t it the place where people have other peoples identities, where you can poke dead people and can post your holiday photos from places you have never visited before ??

BRPWS

Thanks for the information. I am deleting content today and closing my accounts.

Petrogel

No you can use a my name let’s say Petro Papatotalloss Shipowner, create some more accounts (fake of-course ) and fill them with photos from the internet that look like yours, be careful open a new email for every account.
Fakebook is the correct pronunciation !!!!

Holger Drallmeyer

Deleted important content last night.

Mike921

Appreciate the heads-up, deleting content today.

Rockaw

We would all be better off not using Facebook and not using any google products (including android, search, gmail, etc). The old response of “I’m not worried about them indexing my content because I’ve got nothing to hide” is just a bit naive these days.

They’re admitting that they don’t just track you in Facebook, they track you EVERYWHERE online and even steal your phone number when you’ve tried to keep it private. All so they can profit from your personal information.

Not for me, thanks.

_sem_

I was upset by facebook sending me a change of policy eventhough I’ve never made a FB account. But it looks like they spy on me anyway.

theoschela

Facebook is Free. Because of that clever idea – the masses joined. 600+ million users casually giving up privacy and information because it connected friends.

I think I read that the new terms still respect our privacy settings but whatever is set to ‘Public’ – its fair game for FB to use…

I made a FB Page and has the effort and promotion paid off?
Undecided. FB Pages are ‘Public’ with no privacy settings.

solarider

Useful to read “Q: Can’t I Protect Myself By Making My Profile Private?” http://asmp.org/fb-tos#.UioaJ2RgZN2

JDThomas

I understand that ASMP is trying to do good here, but as a former ASMP member I am sick to death of them constantly crying about the terms of service for FREE social networking sites.

C’mon. Everyone with half a brain knows that the user of these sites is the COMMODITY not the customer. Facebook doesn’t give a crap about their users other than as a means to make MONEY. That is why these things exist.

Instead of ASMP flailing their arms crying and warning about the evils of facebook and their horrible terms of service why doesn’t ASMP do something constructive like write an article on how to use facebook as a marketing tool without compromising your content?

marike6

The fact that FB is FREE has nothing at all to do with anything. Flickr is free too, they don’t take ownership of your images.

That you equate the ASMP giving a heads-up to photographers about FB to “flailing their arms crying” really tells all you need to know about the your own bias here.

ASMP is doing plenty constructive, but apparently you want them to figure a way for YOU to still use FB without compromising your images.

agentul

“Everyone with half a brain knows that the user of these sites is the COMMODITY not the customer”

you probably have a lot of very smart and informed friends and relatives. usually people call you paranoid if you try to tell them what facebook and google are actually doing on the internet.

marike6

So it’s the ASMP trying to inform users that’s the problem and not FB? Bizarre twist of logic.

Perhaps the American Medical Society should stop “flailing their arms and crying” about how cigarettes cause cancer, and do something constructive by writing an article about how customers can smoke without getting cancer.

Gregm61

Don’t use Facebook….ever. Why anyone would waste their life spilling their thoughts, lives and pictures on Facebook is a mystery to me.

pako

“Why anyone would waste their life spilling their thoughts, lives and pictures “
Well, is what you are doing here…

InTheMist

LOL, says the guy with over 12,000 DPR messages.

carlos roncatti

to those talking about the OP, dpreview has nothing to do with FB, FB is a place where people complaint about their personal lives, about boy/girlfriends, about the weather and talk about some of the most annoying things on earth, here we talk about photography, at least we should πŸ™‚

JakeB

You have almost THIRTEEN THOUSAND posts to this website.

YOU are wasting your life, buddy.

pako

@carlos roncatti you can talk photography on Facebook also. you can talk whatever you want. you master your cyber-life

Mr Fartleberry

This is just part of the larger trend to grab all rights to your digital media for free. Just look at the terms of the average “photo contest” now. They usually own your work and may re-assign it for profit just for you sending a submission.

If Facecrook isn’t working for you then get off of it. It never has been a photo oriented site.

Oly E10

Yet another reason for me to resist the Facebook come-on.
I shall just have to remain oblivious to so much that is going on
in my friends circles, such as, ironing done, now eating breakfast etc.
Come on don’t people have more to do with their lives, like typing
messages as to why they don’t do Facebook. πŸ™‚
Yep Facebook, not interested, hope I never will be.

Westkip

You answered your own question Oly. Of course these lightweights have nothing more to do. That IS their life!

Source Article from http://www.dpreview.com/news/2013/09/08/american-society-of-media-photographers-warns-about-new-facebook-t-cs