Social networks and copyrights

[Ulterior]

Hello everyone !

I see a lot of webcomics on social networks like facebook and tumblr and I was wondering if you (as an author) weren't afraid of losing the rights you have on your creation. It seems to me that, in a way, the terms of service of those websites could easily lead to abuses.

Tumblr:

Subscriber Content License to Tumblr:

When you transfer Subscriber Content to Tumblr through the Services, you give Tumblr a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of (including, without limitation, by Reblogging, as defined below), such Subscriber Content. The rights you grant in this license are for the limited purpose of operating the Services in accordance with their functionality, improving the Services, and allowing Tumblr to develop new Services. The reference in this license to "derivative works" is not intended to give Tumblr itself a right to make substantive editorial changes or derivations, but does enable Tumblr Subscribers to redistribute Subscriber Content from one Tumblr blog to another in a manner that allows Subscribers to, e.g., add their own text or other Content before or after your Subscriber Content ("Reblogging").

Facebook:

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.

I understand perfectly that those terms exist (in part) to allow a good functionnement of the website but is it really secure ?

So, what do you think about it ?

[corruption]

Are they secure? No.

The facebook one is the better, I think. Basically, it is saying they can host it and do what they need to with it, while you have it up, and covers them for when works are copied from there. Their rights end when it is deleted by the posting member of facebook.

The Tumbler one is more complex, but basically says that they can do what they need to host it, but keep in mind they do expect other people to copy it, and redistribute it, in some cases altered.

Social networking sites like Tumbler and Facebook are about sharing things, and are thus not secure for interlectual property works by their very design.

There is a way to make it so that it is impossible to right click on an image in order to copy it, and they could add it too their sites if they wanted to, but they don't.

Then again, the only way to make sure you works are secure is to use that method I just mentioned on a site you own, or only post on sites that do stuff to block people from downloading them.
This is complicated since Firefox is opensource and people can alter it in order to download images easily. Add the DownThemAll plug in, and most are easy. There are still ways to stuff it around. I know because I download lots of comics for my own collection of comics that way.

[Ulterior]

Actually, I was more thinking about the websites themselves stealing and making profit on your work, but that's true, users could also misuse your comics. Well, I guess that the downloading and storing of comics is quite common, but has anyone heard of actual theft (as someone stealing, printing and selling a comic that is not their) ?

I was also wondering, what if you post a blurred or altered (say, with a watermark) image on a social network ? Do they have the right to collect the original image you posted on your website and then use it ? I'm asking because I see so many talented artists on tumblr and elsewhere and I'm impressed of how trusting they are.

Thank you for your answer ! That's nice to have other people's opinion =)

[Falconer]

Even if this could lead to abuses, I find it highly unlikely they would. They just aren't into that type of business and I doubt they will ever start to be - I mean, I really doubt selling other people's art as prints or comics will ever look profitable enough for them to even be slightly enticed. Only people who are extremely, extremely popular might even make it look worth doing - but those people have fans who would be all over their ass if they tried.

Seriously, even if they took the work only of underdogs, the profit they might even possibly gain would be miniscule compared to how much money I'm sure they get elsewhere. It wouldn't even be worth their time, especially considering how much money they could lose if caught and taken to court (because taking your work and selling it, regardless of the terms on the site, would still be ILLEGAL!). The terms might give them the right to have it in a screencap or some other ad showcasing the site in use, but that's really the only use they could and should get out of it. You are still covered by other artist laws that prevent them from selling it for you unless you specifically give them permission (which you haven't).

The greater concern would be other users taking your work and claiming it as your work, but you should be covered here too.

First of all, when you upload files, everything is timestamped. This already gives a form of proof of when YOU uploaded the file VS them which you could use in court. Plus you would have the original file, which they wouldn't, which would be the greater and more obvious evidence to prove it is yours and you created it first. (and I do believe files save the date they were first created as well as last modified, so this would be incredibly hard to even possibly dispute.)

Because of that, if you find anyone using your work, I'm pretty sure just calling them out on it will be enough to scare them off. If they're stupid and do try to put up a fight, tell the site they uploaded it on and show where you uploaded it first vs them, and if that's still not enough, you can take it from there. But realistically you shouldn't have too much of a problem proving you did it.

Plus, if they did try to sell prints, they would be absolutely awful. You don't need to upload them blurry; just upload them at 72 dpi --which everyone should be doing!-- and the quality would be absolutely worthless for print. Keep only the high quality files for yourself.

So, basically, I wouldn't really worry about it. Just be aware and be smart.

[Ulterior]

It wouldn't even be worth their time, especially considering how much money they could lose if caught and taken to court (because taking your work and selling it, regardless of the terms on the site, would still be ILLEGAL!).

I didn't know that. In that case, one shouldn't worry too much since the files are timestamped.

It's also true that the biggest artists probably find an editor and don't upload on the web anymore. But I've already read cases of stolen comics on dA (but the circumstances were completely different) and I was wondering what about social networks. But yeah, as you said, they probably wouldn't even bother. Anyways, with all what's being said about those, I think one should stay aware.

Thanks for the tip of the 72 dip, I never thought about it.

Thank you a lot for your answer =) !

[corruption]

Actually, I was more thinking about the websites themselves stealing and making profit on your work, but that's true, users could also misuse your comics. Well, I guess that the downloading and storing of comics is quite common, but has anyone heard of actual theft (as someone stealing, printing and selling a comic that is not their) ?

I was also wondering, what if you post a blurred or altered (say, with a watermark) image on a social network ? Do they have the right to collect the original image you posted on your website and then use it ?

The sites are 3rd part content providers by their very nature. That means they only host things other people put up, not anything of their own creation, or which they can claim as such. You should be safe from that due to the nature of the sites. I do, however, recommend wtermarking or signing your work in some way.

For the second question; NO! The social networking sites only are allowed to use the things members post. If some other member decided to go to your other site and post some images from there, that is another matter entirely. I think you may be able to get the social network site to take it down as it violates copyright.

[Selidor]

Even without the threat of legal action being taken against them, sites like Tumblr would be shooting themselves in the foot if they were to steal their users' content. Tumblr is built on the idea of people submitting content and generating discussion and further content as a result. News on sites like that can travel very fast to people all over the world, and it's not difficult to generate panic and anger. The PR fallout of abusing their users' trust like that would probably ruin them long before it got to court.