Shutterstock/Facebook Agreement: New Update

Posted on 9/12/2013 by Jim Pickerell | Printable Version | Comments (1)

After reading about the new Facebook TOS I began to wonder if Facebook would be able to resell images their advertisers acquire from Shutterstock as part of the new Facebook/Shutterstock deal.

I questioned Scott Braut on the subject and he supplied the following clarification.
    Our agreement with Facebook controls the use of the images we provide rather than the user terms of service. Our agreement provides that each time a unique user first uses an image for Facebook advertising through this relationship, a royalty is earned (i.e. Facebook cannot publish images though our relationship on behalf of an advertiser without generating a royalty for the contributor.
The advantage Shutterstock has is that Facebook knows when an image on their site has been acquired from Shutterstock. With all other images posted on Facebook, Facebook has no way of knowing if the image was created by a professional who expects compensation whenever the image is used, or whether it was posted by an amateur who doesn’t care if others use and profit from his/her work.



Whether Facebook should be allowed to do whatever they want with all the other images and information posted to its site is sticky issue in a society that believes that large organizations should be free to profit in any way they devise from the work of the masses.


Copyright © 2013 Jim Pickerell. The above article may not be copied, reproduced, excerpted or distributed in any manner without written permission from the author. All requests should be submitted to Selling Stock at 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-461-7627, e-mail: wvz@fpcubgbf.pbz

Jim Pickerell is founder of www.selling-stock.com, an online newsletter that publishes daily. He is also available for personal telephone consultations on pricing and other matters related to stock photography. He occasionally acts as an expert witness on matters related to stock photography. For his current curriculum vitae go to: http://www.jimpickerell.com/Curriculum-Vitae.aspx.  

Comments

  • Jesse Hughes Posted Sep 12, 2013
    What about the issue of talent release? I suppose FB is taking the risk that no talent will file a claim? Or are there terms in the TOS saying that if someone uploads an image that the uplaoder indemnifies FB against any such claim? very sticky.

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