Image rights on Facebook: You should know that
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If you post, share or upload pictures on Facebook, you can quickly be punished. We have summarized all important information about image rights in social networks here.
Facebook image rights: You have to take this into account with your profile picture and banner
- If you upload a profile picture or banner to Facebook, you must have the copyrights for it: Either you took the picture yourself or bought it from a photographer.
- Sources like "Google" and "Flickr" are taboo. However, it is possible to acquire the rights to an image. You can find a selection of free image platforms here.
- The images can then be used under the Creative Commons license with reference to the author, source and license type.
- Also note: There must be no logos or company lettering on your picture. That would be a violation of trademark law.
- A kind of "brand protection" also applies to ideal works: For example, even photographed works of art such as paintings or the Eiffel Tower at night must not be placed online.
- If there are strangers in the background, they must be made unrecognizable - at least if you have not obtained their consent. The "right to one's own image" applies here. Really prominent people can also be snapped without being asked.
Attention also when sharing pictures on Facebook
- You should only share it if you are sure that someone has legally placed a picture online. Otherwise you will be punished.
- Legal here also means: Copyright and trademark law must be upheld and the consent of the rights holder must be available. For example, this is usually not the case with embarrassing party photos.
- If you have your own Facebook page, you must also check other users' posts and remove any posted pictures.
Changes since the introduction of the GDPR
The GDPR entered into force in May 2018.
- The General Data Protection Regulation actually has little impact on the use of photos in social networks like Facebook.
- Basically, the requirements that we have already mentioned apply. This way, you are not allowed to publish pictures on which other people are not made unrecognizable, unless you have obtained their permission.
- By the way, you have to ask the person in question before taking the photo if they agree. An exception here are photos in which many people can be seen, for example during a carnival parade.
- Also, you don't necessarily have to ask for permission if you take a picture of a landscape while walking and a person happens to be in the picture - although this is already a legal gray area.
- Certain information that you provide about the image is definitely affected by data protection. So you can not easily post the date, time and place of creation of the picture. This may contradict Article 13 GDPR, the duty to provide information when collecting personal data.
- In this case, Article 17 of the GDPR can also be difficult. This is about the right to be "forgotten". Everyone has the right to delete all relevant data on the Internet - and that includes pictures.
- Copyright already existed before the GDPR. So you must not simply use images that are subject to this copyright.
What rights does Facebook have on my pictures?
The Facebook Terms and Conditions state: "You give us a non-exclusive, transferable, sublicensable, fee-free, worldwide license for the use of any IP content that you post on or in connection with Facebook ('IP license'). " (September 2012). Facebook can therefore use all uploaded images free of charge for its own purposes such as advertising. You should be aware of this.
In the next practical tip you will find the answer to the question "What does Facebook know about me?"