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Mar. 20th, 2011 | 07:01 pm

Some years ago, I played ultimate on the beach at Oriental Bay. The Dominion Post sent a photographer down, and he took quite a good photo of me. So, I contacted them and asked for a copy. For the sum of around $25, I got a digital version and the right to noncommercial use.

That photo is my Facebook profile picture. [and has been for about five years. I generally can't be bothered with Facebook..]

I heard recently via the twitter grapevine that Facebook have decided that they can use your profile picture in their advertising, unless you opt-out.

So ... If Facebook decides to use my profile picture in their advertising — which is copyrighted to the original photographer (or, perhaps, the Dom Post), and for which Facebook does not have a commercial use licence ...

...who is breaking the law, them or me?

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Comments {1}

Mike McGavin

(no subject)

from: izogi
date: Mar. 20th, 2011 08:20 am (UTC)

I guess the act of uploading to facebook meant you were giving permission for them to use it by whatever they state in their terms, so it'd come down to how legal it was for facebook to spontaneously change them. Strictly speaking I suspect that very few people own the copyright on their facebook profile pictures unless they took them themselves or asked the photographer so it's probably a bigger issue (technically) than some people realise. Not that anyone will care.

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