FaceBook is a popular social media website, and websites can’t chase storms – but FaceBook might just own hundreds of storm chasers photographs. If you judge chasers by the amount of photos they have collected – FaceBook would have to be at the top of the list.

A few days ago while watching cable news I saw an interesting story about FaceBook’s CEO defending his company’s decision to modify their Terms of Service (TOS). It interested me because I have signed up for a FaceBook account, but have still yet to do anything with it – it’s just sitting there, blank with no content whatsoever. And, it may stay that way!

The TOS notes that users grant FaceBook “an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license” to use, adapt and distribute “any User Content you (i) Post on or in connection with the FaceBook Service.”

While this applies to far more than just storm chasers, the chasing community should be extremely cautious. What this TOS change is actually saying is this:

“Mr. (or Mrs.) Storm Chaser – At FaceBook we know that your day’s challenge was particularly tough. You worked hard to forecast and then validate your forecast for tornadic development. We further understand that you spent a few hundred dollars and traveled several hundred miles to intercept said storm and photograph said storm with your digital SLR camera that cost you hundreds, if not thousands of your hard earned dollars. We also understand that in order to recoup some of your storm chasing cost, you expect that you may be able to sell your photographs of said storm and/or tornado to various publishers. However, please upload your photography of said tornado to our website so that we can own a worldwide, irrevocable, perpetual, transferable and fully paid license to your photography, and as such even if you close your account – we’ll still be able to sell your photography that you uploaded to that account without any written consent by you and we owe you nothing!”

Does that sound like a bunch of bull to you? It does to me!

It appears that this isn’t really anything new amongst those savvy web 2.0 business brats. I just checked YouTube’s TOS and found this:

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the YouTube Website (and derivative works thereof) in any media formats and through any media channels.

YouTube’s TOS isn’t all that different from FaceBook’s TOS. What it breaks down to is that they are allowed to share, or sell the video that you upload through any media channels (which could be other websites, or even broadcasters) in any media format they choose to do so.

Here’s a thought – Same scenario as above, you spend thousands of dollars over the course of a few days to capture some great storm video, perhaps you capture an EF-5 wiping out John Lennon’s tour bus after it’s discovered that he came back from the dead. That video should be worth some money, right? Then you carelessly upload this video to YouTube and it quickly gets tens of thousands of views – you’re famous!

Then you call CNN and tell them about this awesome video you have of an EF-5 plowing over John Lennon’s tour bus and you’re expecting them to make you an offer that will pay off that new Sony EX-3 HD camera – but to your surprise they already have the video and it’s on air in 5 minutes! You get nothing!

Here are my recommendations:

1. NEVER upload “fresh” news quality video or photographs to any social media platform (i.e.: YouTube, MySpace, FaceBook, etc…) Doing so will ensure that you have no chance of selling that video.
2. When, and if you do use a service like YouTube ALWAYS put a great big watermark across the video so that anyone who sees that video on “any media channel” will know where that video came from.
3. I strongly recommend to never putting an entire clip, or produced video product on a free social media platform – unless you’re getting paid to do so. Instead, only submit a highlight of the full video – drive the traffic to your website where you can present the viewer with the option to purchase the full-length video either through subscription (viewing on your site) or by a posted DVD.

And keep in-mind that the world is a very different place than it was just a few years ago. Nearly everyone has a cellular phone that is capable of capturing video. True, it’s not as high quality as what your new $8,000.00 toy can create, but do you think a broadcaster really cares when they are just going to show a 15-second news clip? I’ll tell you now – they don’t!

Anyone with a cellular phone that captures video (or a photo) that just happens to be in the wrong place at the right time and captures the same tornado on video to that phone that you just happened to capture with your camcorder can upload their cellular phone video to YouTube and you’ve just lost your market!

If that person is able to get their cellular phone video uploaded fast enough – any network broadcaster that finds that video and has an agreement with the website will show a crappy, pixilated piece of junk badly shot video of “your” tornado for pennies of what they would pay you for your pride and joy.

Now, people shouldn’t be too alarmed that FaceBook has taken this change in direction. I’m quite sure based on the number of “FaceBook Photos” that have shown up in major tabloids, broadcast cable news networks and other media channels that they have finally realized they are missing out on a huge cash sale. So the next time some nut job with a FaceBook page decides to kill their family and go party with friends – the networks will have to work a deal with FaceBook before they can use that image. Or, the same would go with any photo that could be considered “breaking news” – including your next tornado!

Chasers – be careful with your intellectual property!

Tags: photography, tips