Hi all,
So there is an issue we need to address. After sharing a couple of the
recent Top 10 country photo posts from WLM 2011 on Facebook, I was gently
reminded about an issue that has come up already with CC-BY-SA licensing
and Facebook. The Wikimedia Foundation Legal and Community Advocacy
department wrote some guidance on this matter (not legal advice, but an
attempt to clarify):
https://meta.wikimedia.org/wiki/Legal_and_Community_Advocacy/CC-BY-SA_on_Facebook

For the applicable section of CC-BY-SA, see 4(a) and 4(b) here:
http://creativecommons.org/licenses/by-sa/3.0/legalcode

The relevant part of the Facebook terms:
"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)." https://www.facebook.com/legal/terms

Essentially, if you upload your own photo, you have the right to grant
multiple licenses, so you would be fine. But as the guidance notes, if
you're uploading others' photos, you don't have the right to grant a
license. These Top-10 galleries are very nice, but they are also likely not
a good idea with the way Facebook sub-licenses. I'm going to stop sharing
these galleries on the Wikipedia Facebook page for this reason and start
pointing to the Commons page where they are all listed:
http://commons.wikimedia.org/wiki/Wiki_Loves_Monuments_2011_winners

I won't give others advice, since IANAL, but at a minimum, every WLM photo
should be properly licensed, which means that it must have a link to the
actual CC-BY-SA license page. For example, this photo is not quite licensed
correctly.
https://www.facebook.com/photo.php?fbid=483806128315982&set=a.483805884982673.110448001.202866679743263&type=1&theater
In addition to the name of the author and the license text, it must have a
link to the CC-BY-SA 3.0 Unported license page here:
http://creativecommons.org/licenses/by-sa/3.0/deed.en

For example, this one is missing all the necessary licensing info:
https://www.facebook.com/photo.php?fbid=489888381041090&set=a.489888334374428.110449708.202866679743263&type=1&theater

Arguably these photos probably shouldn't even be on Facebook like they are,
but again IANAL and I'm not giving you legal advice. That's a decision for
you all to make.

thanks,
Matthew

-- 

Matthew Roth
Global Communications
Wikimedia Foundation
+1.415.839.6885 ext 6635
www.wikimediafoundation.org
*https://donate.wikimedia.org*
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