Yeah, it's a very gray area in the Facebook terms. And they would like not want to make a stink about it (because there's a very large amount of content on FB that probably violates licenses and trademarks). But if they were ever sent a DMCA takedown notice by the photographer, it might compel FB to act and they might argue that the uploader had given them permission by uploading it. I think it's certainly wise to add the link to the license, as you suggest.
-Matthew On Thu, Aug 16, 2012 at 11:13 AM, Lodewijk <lodew...@effeietsanders.org>wrote: > Hi Matthew, > > The Russian photo was a copypaste error, I added the link at least similar > to the other photos. If any of the other photos miss such a link, that is > likely also an error on my side and I'd happily fix that. > > Given the arguments you gave, it might indeed make sense to add the CCBYSA > link & explicit mention after all. It'll be a tough job but well... it is a > fair enough effort to make. This is something that hasn't been done with > any of the images yet. > > I personally find the Facebook terms on this kind of vague since they > don't specify their 'license' very well. According to the Facebook FAQ it > would also be allowed to post content when you have permission to post it - > which I could claim to have through the CC-BY-SA license. As long as I > follow the terms of that license of course (which indeed includes linking > and mentioning the license). > > Lodewijk > > 2012/8/16 Matthew Roth <mr...@wikimedia.org> > >> 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* >> >> >> _______________________________________________ >> Wiki Loves Monuments mailing list >> WikiLovesMonuments@lists.wikimedia.org >> https://lists.wikimedia.org/mailman/listinfo/wikilovesmonuments >> http://www.wikilovesmonuments.org >> > > > _______________________________________________ > Wiki Loves Monuments mailing list > WikiLovesMonuments@lists.wikimedia.org > https://lists.wikimedia.org/mailman/listinfo/wikilovesmonuments > http://www.wikilovesmonuments.org > -- Matthew Roth Global Communications Wikimedia Foundation +1.415.839.6885 ext 6635 www.wikimediafoundation.org *https://donate.wikimedia.org*
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