Many artists are creating or expanding their Internet presence by setting up a Facebook (fan) Page. If you are promoting your art as a business, the Facebook Page (vs personal Profile) is where to do it. Over the last few months a number of artists have told me they had some concerns about using Facebook to promote their art. They had heard if you put images on Facebook, Facebook assumes ownership of them. Of course, as an artist, you would be posting images of your work. By doing so, are you losing control?
First, let’s go straight to the horse’s mouth. Here is an excerpt from the Facebook Help Centre FAQs:
Do I retain the copyright and other legal rights to material I upload to Facebook?
Yes, you retain the copyright to your content. When you upload your content, you grant us a license to use and display that content. For more information please visit our Statement of Rights and Responsibilities, which contain information about intellectual property, as well as your privileges and responsibilities as a Facebook user.
Taking the referenced link we find:
2. Sharing Your Content and Information
You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:
- 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.
So Facebook does not claim ownership but that you grant them license to use whatever they choose without compensation or acknowledgement. Would Facebook grab your images and sell them on boxed Christmas cards? I think not. In fact, Facebook’s license only permits it to use user content “in connection with the Facebook Service or the promotion thereof,” indicating that they do not plan to make the site profitable by selling giclees of your work on Ebay.
The policy is consistent with other services. For example when you post a video on YouTube will find a statement in their Terms of Service which is almost identical. Apparently these policies are only in place to prevent nuisance law suits. If they did use your images in a way that was deemed inappropriate, there would be a backlash that would not be in Facebook’s interests.
Facebook is growing at a phenomenal rate and it offers great opportunity for exposure for artists. I don’t think you should let the Terms of Service scare you off.


