Who Owns Your Social Media Content?

by · November 13, 201214 comments

Every so often, a rumor makes the rounds on Facebook that the company’s onerous terms of use have been changed, and someone else owns your precious family photos, posts, or other content. Although the rumor is eventually debunked, posts urging users to post some type of legal claim to their own content persist for days afterward, and often resurface months later, along with a fresh iteration of the “urban legend.”

It’s impossible to stay up-to-the-minute on the ever changing terms of use for every social network, but here’s an overview of where you stand as of now on a few key sites, with a brief introduction to intellectual property as it relates to social media.

First, and foremost, if you create it, you own it, until you say otherwise. From the moment you “fix” your original creative work in a “tangible medium,” you own copyright in it. Typing a blog post on your laptop or taking a picture with your smartphone counts.

Content that you create and then post to Facebook, Twitter, Pinterest, or anywhere else is still yours. You may have made it easier for people to infringe your rights by copying your work, but you haven’t given up those rights.

Here’s the catch: you can alter your legal rights, to a point, just by clicking “Okay, I’ll accept whatever terms you have buried under this link: just let me use the site already.” Here’s what each of the following social networks has to say on the subject of ownership:

Facebook

Pursuant to the Facebook Terms of Service, you own your content. However, you do give Facebook certain rights, including a license to use any of your content that you post on or in connection with Facebook. If you don’t like this, you can delete your content, but deleting won’t work if “your content has been shared with others, and they have not deleted it.” (So, essentially, once you’ve shared it, there’s no taking it back.)

Twitter

Copyright does not protect URLs or short phrases. Consequently, it’s difficult to create an original creative work in 140 characters or less. (A haiku, perhaps?) If you do manage to meet the threshold of originality for copyrighting a tweet, you own that work per Twitter’s Terms of Service.

Pinterest

The popular taste graph’s much maligned terms of service doesn’t actually vary that much from those of other sites. I do love the phrasing, though. “You retain all of your rights in all of the User Content you post to our Service.” ‘Retain’ implies you have some rights in what you’re pinning to begin with, which of course isn’t the case if you’re pinning content off of someone else’s site.

By pinning “your” content, you give Pinterest a license to move it, change it, display it or otherwise use it, but you still own anything you owned originally.

Just like other sites, the content doesn’t disappear just because you delete your account: anything that’s been repinned by others will still be accessible on those boards.

YouTube

Per the terms of service, when uploading a video to YouTube, you not only retain rights on what you post, but you’re affirmatively representing to YouTube that you are not infringing the intellectual property of someone else. You also grant YouTube a license to use your content royalty-free, and grant your fellow YouTube users a license to access your content through the site.

So, you own what you create during your lifetime, unless you signed a work-for-hire agreement to create social media content for someone else.  But what happens after your lifetime?

Who owns your social media profiles and content after you die?

Macabre though this may seem, estate planning for your social media content is important. The law is unsettled in terms of who has the right to access a user’s social media profiles after the user’s death.

You (or your estate / beneficiaries) would inherit any intellectual property rights that survive you. Copyright, for instance, lasts for the life of the individual creator, plus 70 years. In the case of a work-for-hire, copyright lasts even longer. Valuable assets like photographs, poems, artwork and musical compositions and recordings will be administered with your other assets like real estate, personal property, etc. Facebook doesn’t inherit copyright in your masterfully edited self-portrait picture just because you’ve passed away.

Gaining access to a deceased family member’s social media content can be problematic. Citing Federal privacy laws, a court recently refused to grant parents access to their daughter’s Facebook messages after she died under mysterious circumstances. Procedures for accessing an account under these circumstances vary from site to site, so plan ahead.

The safest bet is to provide a list of network usernames and passwords to your attorney, the executor you name in your Will, or a (very) trusted family member or friend.  There are even online tools like Legacy Locker that you can use to provide access in the event of your untimely demise. This way, someone will be able to access your social networks to delete your profiles or post a message informing connections of your demise.

Would you rather they find out after they post “Happy Birthday” to your timeline in six months? Just saying.

 

Did you enjoy this blog post? If so, then why not:Leave Comment Below | Subscribe To This Blog | Sign Up For Our Newsletter |

About Kerry Gorgone

Kerry Gorgone

Kerry O’Shea Gorgone, JD/MBA, teaches New Media Marketing in the Internet Marketing Master of Science Program at Full Sail University in Winter Park Florida. Follow her on Twitter: @KerryGorgone

Other posts by

Comments & Reactions

Comments Policy

Comments on Social Media Explorer are open to anyone. However, I will remove any comment that is disrespectful and not in the spirit of intelligent discourse. You are welcome to leave links to content relevant to the conversation, but I reserve the right to remove it if I don't see the relevancy. Be nice, have fun. Fair?

  • Pingback: Who Owns Your Social Media Content |

  • http://twitter.com/Hisocialcom Hisocial

    Interesting post Kerry, I think that the bottom line would be once you post your content on a social site, you loose control over it

    • http://twitter.com/KerryGorgone Kerry Gorgone

      Thanks for your reply! You absolutely lose control over it in the sense that people can copy paste, screen capture or otherwise steal your content if they are determined and resourceful enough. This doesn’t necessarily mean you lose your rights, such as copyright, but it can mean they are costly to enforce. It never hurts to send a cease and desist letter if someone is stealing your content, and there are mechanisms in place for requesting that YouTube, Pinterest, Facebook and the other social sites take down infringing content.

      • http://www.facebook.com/MScott821 M Scott Schaffernoth

         So really the “nut” of the matter is:  There is the LEGAL and there is the PRACTICAL. 

        When you choose to share content on a social media site, as Kerry has so eloquently pointed out, you do not lose ownership.

        However, being that in real world terms you not longer have control (at least not without a great deal of effort and likely expense), your ownership is, in a practical sense, reduced to ZERO value as you cannot reasonably wield.

        My thought – it is best to act as if you do understand that you are ceding ownership of anything you post.

  • http://www.sogenius.com/ Tony Bennett

    Hmm, this is making me think a bit here, Kerry. I really appreciate the different examples you provided about what is, and isn’t protected.

    Now here’s a twist for you – what about content in conjunction w/ a short phrase? Would the short phrase be protected as part of the content(logo, picture etc) or just the picture by itself.

    Thanks for the briefing, I had been wondering about this a few months back!

    • http://twitter.com/KerryGorgone Kerry Gorgone

      Hi Tony,
      Thanks for your reply! The answer is “it depends,” as is so often the case. You could protect a short phrase as a trademark, but only in your particular industry, and only if you’re using the mark “in commerce.” You could protect the mark as shown with certain artwork, as well, but either way, it would be industry specific and you’d have to be using it (or about to use it) in commerce.

      Best wishes,Kerry

  • Lee Swales

    Nice article.  I took a slightly different angle on this, particularly insofar as “ownership” of Twitter followers, or LinkedIn “connections” are concerned.  These two issues are currently in court and will set important precedent going forward.  My take here: http://regulatorylawsa.blogspot.com/2012/11/who-owns-your-twitter-followers.html. 

  • Pingback: The Friday Five: Understanding Like-gate | Blog @ Percolate

  • professional copywriting

    Copyright
    has become a contentious issue all across the web at the moment. Since Google’s
    Penguin algorithm update has made links schemes and keyword stuffing obsolete
    black hat SEO methods there has been a rise in content scraping. Even though
    you do own the copyright to anything that you produce, stopping others from
    plagiarizing it can be difficult if not impossible. The lesson is to make sure
    that the stuff that you post is something that you want people to cut and paste
    into their own status updates- because they probably will.

  • Pingback: Who Owns Your Social Media Content? | Internet Lawyer - Internet Attorney - Internet Law Firm Texas

  • Pingback: Social Marketing Buzz 11-23-2012 | feed140.com

  • Pingback: The Wrap: 3 Steps to Simplify Social Media, Boost Engagement and Stay Ahead of Social Media Marketing Changes | ACT Communications | Frances Caballo

  • Pingback: Tweeting for the brand | socialmediamasters.ca

  • Pingback: Hey… I Own That! – Ownership of Social Media Content | Social Media at UNT