Slashdot Mirror


Your Face Will Soon Be In Facebook Ads

jfruhlinger writes "If you're planning on checking into Starbucks using Facebook Places, your friends may soon see your profile picture in a Facebook ad for Starbucks — and, it goes without saying, you won't be paid a dime. You can't opt out, unless, as Dan Tynan puts it, "studiously avoid clicking "Like" or checking into any place that has a six- or seven-figure ad budget." The ad will also include whatever text you use in your checkin, so Tynan suggests some judicious pranksterism ("Just checked into the Starbucks around the corner and this doppio mocha latte tastes like goat urine")."

25 of 344 comments (clear)

  1. My Face by Stargoat · · Score: 3, Insightful

    My Face won't. Why on earth should I care about anyone's opinion who isn't on Slashdot?

    --
    Hoist Number One and Number Six.
    1. Re:My Face by TheRaven64 · · Score: 4, Insightful

      There's an important difference. If you upload a photograph of yourself, then you have agreed to Facebook's T&Cs, which gives them a transferable, commercial, license to use them as they wish. If you upload a photograph of someone else, this does not apply because copyright is jointly held by the person taking the photograph and the person represented.

      This means that Facebook would be violating copyright for commercial purposes if they used a photograph of someone other than the person who uploaded it. The person pictured would have standing to sue them for copyright infringement. Facebook could then (potentially, depending on the T&Cs) sue the person who uploaded the photograph for uploading something without the legal right to do so, but I doubt they'd consider suing their users to be good business.

      --
      I am TheRaven on Soylent News
    2. Re:My Face by Anonymous Coward · · Score: 3, Informative

      copyright is jointly held by the person taking the photograph and the person represented

      No it isn't. Absent a contract saying something different, the photographer owns the copyright. End of story.

      Image rights are quite different and only exist in a very few jurisdictions (and not the UK, which I get the impression you're from).

    3. Re:My Face by vmxeo · · Score: 5, Informative

      Not quite. The photographer holds the copyright. People in the pictures have a right to publicity, but its considered separate from the actual copyright on the photo. Like in the Virgin Mobile case, they legally had the copyright but did not have consent from the model, aka "right to publicity".

    4. Re:My Face by DragonWriter · · Score: 3, Interesting

      Don't worry, your friends and family will upload pictures of you and tag them for you so Facebook has photos of you to draw from.

      And...exactly where does Facebook get the right to use my likeness in advertising? My friends and family didn't have it when they took the picture, so they can't have transferred it to Facebook by agreeing to the Facebook T&Cs.

  2. Or.. by js3 · · Score: 4, Insightful

    You could avoid using facebook altogether.

    --
    did you forget to take your meds?
    1. Re:Or.. by TheGratefulNet · · Score: 5, Funny

      You could avoid using facebook altogether.

      hey, I like that idea. is there a button for me to press to show everyone how I feel??

      (head asplodes)

      --

      --
      "It is now safe to switch off your computer."
    2. Re:Or.. by dkleinsc · · Score: 4, Insightful

      The key thing to realize about Facebook is that Facebook's customers are its advertisers and partners. Facebook users and their personal information are the product.

      Not that there aren't other businesses out there doing much the same thing - Google, NBC, CNN, and Fox for starters.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    3. Re:Or.. by ExKoopaTroopa · · Score: 3, Insightful

      "if it's free, you are the product"

      --
      Don't Tell Me What I Can't Do!
  3. Correct Article Link by WrongSizeGlass · · Score: 4, Informative
  4. The sort of person who uses Facebook Places... by eric_brissette · · Score: 5, Insightful

    ...probably also thinks it's extra cool that they get to be in a Starbucks ad.

  5. dislike by metageek · · Score: 3, Insightful

    that's the reason for the lack of a dislike button

    --
    metageek
  6. Re:Hmmm by MrEricSir · · Score: 4, Funny

    My "hello.jpg" Facebook photo would make a great ad.

    --
    There's no -1 for "I don't get it."
  7. California Law by dmgxmichael · · Score: 3, Interesting

    Isn't this illegal in California? They have a law on the books that was lobbied into place by Hollywood, but it's vague enough to be applied to the average Joe. If so class action lawsuit in 5... 4.... 3...

  8. Re:Doy?! by hedwards · · Score: 3, Insightful

    While I agree with the sentiment, what this really demonstrates is that the expectation of privacy needs to be revised to provide some protection. It's one thing if your face ends up in an ad or in the newspaper because it was one in a crowd, and quite another when you're the only person in the picture and they used it without your expressed permission.

    Fundamentally there's something wrong with a corporation as large as Starbucks being unable or unwilling to pay for models or get permission directly from the person whom they're wanting to feature.

  9. Stop bashing Facebook by mr1911 · · Score: 4, Insightful

    To all those bashing Facebook saying it has no value: stop it.

    Facebook is immensely valuable. No sociological study could be funded on such a scale to determine just how much crap people will put up with from a free service before they stop using the service.

    But then the joke will be on those of us that value our privacy. I know too many people that would think it was fantastic having their picture used to promote Starbucks and would sell their soul to stay on Facebook.

    --
    This post comes with a double-your-money-back guarantee!
    Any offense taken to this post is at your sole discretion.
  10. Re:The funny part? by Sponge+Bath · · Score: 4, Funny

    It could be worse, such as photoshopping for hemorrhoid cream:

    "Suffering from anal itching, anal ache or pain, especially while sitting? Timex recommends Cool Bung brand rectal relief!"

  11. Re:Hmmm by Austerity+Empowers · · Score: 5, Interesting

    Or you use a copyrighted image for fb that you don't own the copyright to (and thus couldn't have implictly given to Facebook), wait untill the lawsuits start! I think this idea won't get too far.

  12. Re:Where is Diaspora? by dominion · · Score: 4, Informative

    Appleseed is open source, distributed social networking, built on a commodity stack, and installs in a few minutes on any LAMP compatible host.

    Code is available here:
    http://github.com/appleseedproj/appleseed

    Appleseed has a main beta site, appleseedproject.org, and approx. 150 test nodes out in the wild. If you'd like an invite, just email invite@appleseedproject.org. It's still in beta, but new features are added regularly.

    We've also been fundraising, if you'd like to donate, our fundraising ends in only 4 days, but every little bit counts:

    http://www.indiegogo.com/Open-Source-Social-Networking

    Here is our roadmap for the future:

    http://opensource.appleseedproject.org/roadmap/

    Diaspora is also available, here is their github. They are running on Ruby + Rails, and they were MongoDB based, but recently switched to MySQL.

    https://github.com/diaspora/diaspora

  13. Re:Hmmm by kenrblan · · Score: 4, Interesting

    I like this idea. Hilarity would definitely ensue when the Target logo is shown on a Wal-Mart ad, Lowe's in Home Depot, etc. Once company could get free advertising on the competitor's dime!

    --
    Make everything as simple as possible, but not simpler. - Albert Einstein
  14. You can opt out, and you do agree to it by Corbets · · Score: 4, Informative

    Not to jump on anyone's nerd rage too early in the process, but according to Facebook's terms and conditions (easily found via a Google search, but here's a direct link: http://www.facebook.com/terms.php) you do explicitly allow them to use your profile picture in advertising by using their service. Read point 10 - it directly states that you give that permission.

    Note that it also says that you can opt out. So regardless of what this fear-mongering ITWorld article says, I would fully expect to retain that capacity. It's not even new - I saw friends pictures appearing in "friend finder" ads long ago, and figured out how to opt out. All that's changing is they're going to sell that service to 3rd parties now.

  15. True, in theory by spun · · Score: 4, Informative

    Most photo studios such as Olin Mills will claim copyright on any photos they take of you. Yes, it is in the contract, but most people don't realize that. I tried having an Olin Mills picture of my mom copied for her memorial. Nobody would do it unless I got express written permission from Olin Mills. I ended up cropping out the stupid "Olin Mills" signature and had no trouble copying it after that. But the amazing thing is that, apparently, Olin Mills and other photography studios have invested large sums of money telling every single copy-jockey in the country not to copy studio photographs. Even the copy counter at the local drugstore wouldn't do it, "Nope,see here where it says 'Olin Mills' at the bottom? Yeah, they own that picture of your dead mom for the next seventy years."

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  16. Re:Hmmm by shentino · · Score: 3, Interesting

    What I mean is that someone using that loophole to get facebook in hot water may result in being banned (and all evidence getting shredded) before anyone has time to file a complaint.

  17. Re:And get a personal website, under your own cont by marcello_dl · · Score: 4, Interesting

    new slogans?

    Facebook: because you're too dumb to own a website and manage rss feeds.

    Twitter: because you're too dumb to get into an irc channel.

    web2.0: because you're too dumb to notice that internet should be made of protocols not sites.

    --
    ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  18. Re:Hmmm by Beardo+the+Bearded · · Score: 5, Funny

    Finally my goatse profile pic is going to pay off.

    --

    ---
    ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.