The Content Thief
Who Owns My Content once it’s Posted Online?
It’s no secret that the age of digital convergence comes with a whole new set of mysteries and issues for users of online platforms. While issues regarding content ownership have existed long before the days of the internet, since the introduction of online sharing platforms, ownership concerns have taken on a whole new meaning. So, the question remains: who owns my content once it’s posted online?
For a long time, the general consensus on digital content ownership has been ruled by the misconception that digital platforms automatically and permanently own any content posted publicly to their forums. I for one have always been confident in the belief that once I post something online, I officially forfeit any claims of sole ownership (the website partly owns my content now, right?). However, you’ll be pleased to know that this is not always the case. Each website has different terms and conditions regarding content, ownership and copyright, and it’s in your best interest to assess these thoroughly. Not surprisingly, these terms and conditions more often than not allow websites some rights to content posted. However the extent of ownership and allowance changes from platform to platform.
One example of ownership and licencing conditions can be found in the most recent terms of service outlined by Facebook:
“…You own the content that you create and share on Facebook and the other Facebook Products you use, and nothing in these Terms takes away the rights that you have to your own content.”
Coming upon this statement in my research left me pleasantly surprised, given my previous conceptions about Facebook and ownership. However, the second part of Facebook’s policy on ownership and licensing straightened out a lot of blurred lines:
“To provide our services, however, we need you to give us some legal permissions to use this content. Specifically, when you share, post or upload content that is covered by intellectual property rights (e.g. photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content.”
Essentially, Facebook does not claim ‘ownership’ over content posted to their website and gives complete legal rights to the original poster. However, upon signing the terms and conditions of the website, users are signing away licensing rights to Facebook. This means that Facebook is within legal rights to distribute and use all content posted by its users. This licensing right only dissolves upon the deletion of the original content or page by the original poster. This means that while you still technically “own” your images, videos and posts, Facebook reserves the right to use them at any time for various purposes.
The takeaway lesson from this is simple: always read the fine print when signing up to a new website, especially if you are worried about protecting your digital content. Most digital platforms will not try to claim ownership over user-generated content. However, many websites uphold the right to use and/ or distribute your content however they choose. It’s important to be mindful of this before making the decision to post anything online.
While individual websites have their own rules and regulations regarding ownership and licensing, a larger concern for users of digital media is the threat of content theft by other users- namely digital media agencies.
Many of those on social media, in particular influencers and celebrities with large followings, are no strangers to content theft by media agencies. In 2018, American media company PopSugar was accused of stealing countless images from fashion bloggers and influencers and repurposing the photos to promote their own fashion outlet, ShopStyle.
PopSugar is just one small example of a much larger issue. In fact, due to user generated content theft, many sharing platforms such as Instagram have explicitly stated in their terms and conditions that users are responsible for obtaining permission for any content they post, condemning any content reposting without the permission of the original poster. As it is near impossible to completely prevent digital content from being copied and redistributed, Copyright Laws exist to protect victims of content theft.
While some grey area still exists in the ever changing realm of digital content ownership, copyrighting and licensing, there are some things that you can do to protect yourself and the content you post online. By taking a refresher course on the terms and conditions of the various websites you use, as well as keeping up to date with Copyright Laws regarding digital content, you’ll be able to know your rights and prevent any nasty surprises.
If you suspect someone has stolen your digital content, visit here for some helpful steps on getting your content back.
