Talk:Legal/CC BY-SA on Facebook

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Foundation[edit]

Since when you use FB you agree that "You own all of the content and information you post on Facebook..." souldn't the answer for "Can you post CC-BY-SA content that the Foundation produced on Facebook?" be No? HAndrade (WMF) (talk) 06:38, 19 April 2013 (UTC)

It at least looks unfinished having the word "Foundation" in the section title but nothing like "WMF is ok with you posting its work on FB" in the paragraph itself. --Ата (talk) 08:50, 1 September 2017 (UTC)

CC-BY?[edit]

This page addresses the usage of CC-BY-SA − what about CC-BY?

I had conflicting answers from Foundation people on this (who, unless I misunderstood, had discussed it with some folks from Legal).

(As far as I can see, the section 4 excerpt quoted in the piece is verbatim the same in both CC-BY and CC-BY-SA, but IANAL etc.)

Thanks, Jean-Fred (talk) 23:27, 27 September 2013 (UTC)

Looking at the text of CC-BY-3.0, it seems that CC-BY is incompatible with the Facebook licence. For example, CC-BY requires you to attribute the author, but the Facebook licence also permits Facebook to use the work without attribution. As you can't grant a non-attribution licence for someone else's CC-BY works, I would assume that CC-BY works can't be uploaded to Facebook. --Stefan2 (talk) 12:07, 18 November 2013 (UTC)

Other social networks?[edit]

This piece only addresses Facebook. What about other social networks and hosting platforms?

Out of curiosity, I checked some others, including Tumblr & Wordpress.com, which as far as I could see had very similar clauses to the FB one quoted in this piece (but, IANAL, etc.).

Thanks, Jean-Fred (talk) 23:29, 27 September 2013 (UTC)

See the blog entry in German http://archiv.twoday.net/stories/589173162/ --FrobenChristoph (talk) 19:44, 29 December 2013 (UTC)

I'm interested in the question as well. And I'm de-0. --Base (talk) 13:40, 19 December 2014 (UTC)

Thanks[edit]

Just to say: thanks for posting this. :-) I've just pointed someone towards this page in answer to their question about whether photographs they've posted on Commons might be shared on Facebook. Thanks. Mike Peel (talk) 21:07, 28 April 2014 (UTC)

Commons discussion[edit]

Please join a discussion on this on Commons. Anon126 ( ) 07:55, 15 November 2014 (UTC)

Different perspective[edit]

I remember the legal head of CC Germany arrived at a different conclusion at a conference, and I personally agree with his view on the matter, so I'd just like to share a different perspective on this question. First of all, I think this is a tricky legal question, but I tend to side with the view that publishing CC-licensed content to Facebook etc. does not constitute a violation of the CC license. The reason is that, at least under German law, it is not possible to be granted exploitation rights bona fide. In fact, CC-by-sa clarifies that general principle (nemo dat quod non habet) in the license code, providing that "[y]ou may not sublicense the Work" (CC-by-sa 3.0, s. 4.a), a statement of purely declaratory value. No matter what Facebook's terms of use govern, when you upload a third-party CC image to their site, you do not in fact sublicense the work to Facebook at any time as that is not legally possible in first place. For that reason, the contradiction claimed in the note is, in my view, non-existent. I do agree with the note that you violate Facebook's terms of use (and, additionally, Facebook may have a right of redress if they use the material under the rights you claim to have granted them by agreeing to their terms of use), but at no point is there a violation of the CC license itself (provided, of course, that you abide by CC's conditions, i.e. name the author, give a link to the license, etc.). — Pajz (talk) 14:29, 11 April 2015 (UTC)

Question about posting CC-BY-SA images on Facebook[edit]

As it is explained Facebook requires the uploader to give it permission to do things that break the CC-BY-SA license. However if you are a third party you do not have the rights, if you do not own the rights to do this you cannot give them away. Does this mean you simply can't upload any sort of copyrighted material you do not own these rights to on Facebook because you would be breaking the copyright? Or that you are breaking Facebook TOS but not the copyright? Surely millions of people are doing this every day. What does this mean? This seems so unenforceable and regularly broken as to be meaningless.

Thanks

John Cummings (talk) 22:08, 31 August 2016 (UTC)

Sure, Facebook should revise their TOS. However, Facebook prefers to have users relinquish any right whatsoever they might have, and then face lawsuit for specific cases where that was not possible. (See also their recent handling of PrivacyShield and the WhatsApp data.) --Nemo 13:28, 4 December 2016 (UTC)
I was thinking the same as you and Pajz above: provided the license/attribution is noted beside the image (big if), the user merely violates Facebook's terms of use. And the only part of that which would disturb me is them using Facebook in the first place. Wnt (talk) 02:26, 21 December 2016 (UTC)