Photographs on social media etc

[synaesthesia]

So, we ask for explicit permission for the use of students photographs on both social media and the website. However these days, websites are barely used for sharing that sort of media, certainly pale in comparison to the power of social media yet understandably whilst the majority of parents happily consent to the use of their child's photos on the website not so many agree to social media. Lots of reasons for that and many of them justified, like not trusting Facebook and the likes, with their ability to use their child's photograph as they please.

Whilst we're fully aware Facebook does NOT own the photos, that lies fully with the originator, the question comes up about where we stand if the photos are externally hosted, say on a gallery on our website?

To be clear, this isn't "working around" a parents consent as that's outright deceitful; what it is, is wondering if Facebook would then still have the rights to re-use photos generated from the link previews as they please? I can't seem to find any information regarding that.

Assuming they don't, we'd be able to provide this information with our data consent forms to allay such fears. This way, the students and parents will still see their children get visibility when they want it, those that have good reason to stay out of the public eye aren't affected and everyone should be relatively happy.

 

Anyone have any thoughts on this please?

[mavhc]

There's no way they'd have rights to the photos, but they could do the same as google images of course.

[crimsonspanner]

This is a very good question! I can say having looked into this before in the UK that the likes of Facebook DO NOT own the photos once their uploaded. However, the uploader will have granted royalty-free and non-exclusive rights to reuse the photos globally so bear that in mind. In reality this permits them, for example, to allow global users to see those photographs if you have so permitted. This is obviously the way Facebook works and you can control to a certain extent through privacy settings in the relevant application.

 

Importantly, when you delete those photos from the likes of Facebook, you are ending that IP license thereby revoking any rights they had. Handy when you consider you might have a parent withdrawing consent at some point - which they have every right to do.

[mavhc]

Not that facebook ever deletes a photo, or has any security on the photos except them having a random url

[GrumbleDook]

If the pictures are published on your website, then that is the purpose and you have a lwaful basis behind it.

 

If the photos are then scraped by FB, then they are using that for a different purpose and different lawful basis which is a clear breach of DPA18/GDPR.

 

However, FB are not scraping ... what usually happens is that a parent takes the pic and links to it or downloads from the website and uploads to FB / Social media. They have done this for 'personal use' and so are not in breach of GDPR ... however they may be in breach of copyright instead ... and generally not thinking about if they shouldbe doing it anyway. If you have a gallery, think about whether you want it to be scraped or not, and measures you may take to prevent this as much as you can.

[mavhc]

DRM enabled website that prevents screenshots and detects cameras pointed at the screen.

 

The solution for facebook is to set the The Open Graph protocol metadata so you get to pick what image is used in the link preview