Legal-sounding Facebook posts won’t opt you out of their terms of service
By JIM BROOKS
Nelson County Gazette / WBRT Radio
Sunday, Dec. 7, 2014, 5 p.m. — Facebook has more than 1 billion users who do what we all do on social media — post photos and 
videos of ourselves, friends and family, and stay connected with what our family and friends are posting on their pages.
And periodically, I see users post any one of a variety of declarations that imply that as an individual, he or she is refuting Facebook’s terms of service — and more specifically, Facebook’s claim of the right to use a user’s content posted on Facebook.
Here’s the latest such declaration making the rounds:
NOTICE TO FACEBOOK. Concerning the new Facebook policies/guidelines…..
Today, November 28, 2014 in response to the Facebook guidelines and under articles L.111, 112 and 113 of the code of intellectual property, I, (Facebook user name) do hereby declare that my rights are attached to all my personal data, photos, texts etc… published on my profile. For commercial use of the foregoing my written consent is required at all times. Those reading this text can copy it and paste it on their Facebook wall. This will allow them to place themselves under the protection of copyright. By this release, we tell Facebook that it is strictly forbidden to disclose, copy, distribute, broadcast, or to take any other action against me on the basis of this profile and/or its contents. The actions mentioned above apply equally to employees, students, agents and/or other staff under the direction of Facebook. The contents of our profile includes private information. The violation of our privacy is punished by the law (UCC 1 1-308 – 308 1 – 103 and the Rome Statute).
Facebook is now an open capital entity. All members are invited to post a notice of this kind, or if you prefer, you can copy and paste this version. If you have not published this statement at least once, you will tacitly allow the use of elements such as your photos as well as the information contained in your profile.
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The truth is that this legal-sounding mumbo-jumbo is worthless, and provides Facebook users with nothing more than viral mush to share on their newsfeeds while encouraging others to do the same.
As a Facebook user, your copyright is already automatically attached to any intellectual property you post. Facebook itself acknowledges this fact in its Statement of Rights and Responsibilities: “[Y]ou retain the copyright to your content. When you upload your content, you grant us a license to use and display that content.”
By signing up and using Facebook, you have already agreed to allow Facebook the use of all your intellectual property you post or upload, and this is explained in the applicable portions of Facebook’s Statement of Rights and Responsibilities:
“1. For content that is covered by intellectual property rights, like photos and videos, 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 intellectual property (IP) content that you post on or in connection with Facebook. This license ends when you delete your intellectual property content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).”
Your use of Facebook means you agree to these terms; you can’t retroactively change this agreement by posting a declaration on your Facebook wall.
All that being said, if you don’t want your business, photos or statements on Facebook, the only remedy is to not use Facebook or delete your content and close your account. Facebook may still have your data archived somewhere, but their license to use it ends.
It is important to realize that anyone who you share your information with can copy — and keep and redistribute it — even after you delete your Facebook account. Certainly makes one wish to think twice about posting that video of you wearing that lampshade on your head at the company Christmas party.
I have known elementary teachers who — as a rule — will not allow photos to be taken of themselves holding a beer or other “adult” beverage simply because they can’t control where that photo will go — or what parent or school administrator might later see it and take objection to it.
The only guaranteed way to protect your photos and other materials from being used by Facebook is to keep them off Facebook in the first place. And you might want to review your list of friends and ask yourself if you really want to share all the photos and videos with them that you do — especially if that content could cause future embarrassment for you or your employer.
We always tell our kids to be safe and smart about their social media use. It is also good advice for those of us who may let our guard down about what we say — or post — on Facebook.
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