DownloadSquad And Facebook Users Get Confused About Facebook’s Advertising Policy

Yes, Facebook can use your image within advertisements on their site but not the ones that DownloadSquad illustrates in their article about whoring out user photos. The information used for the photos were scraped while accessing Facebook applications by a third-party ad network that most likely violated Facebook’s terms of service. It’s a serious problem and one that I’ve highlighted many times.

Following Download Squad’s instructions will not solve the problem. That’s because ad networks do not check to see the setting that Download Squad explains how to modify. This misunderstanding is now creating a substantial amount of buzz and even Mashable has misinterpreted the policies set forth by Facebook. The result is that tons of people on Twitter are now talking about this questionable policy.

Facebook has been using your photos in ads on the sidebar for a long time now but not in the ways illustrated in these photos (picture below). It’s a challenging issue for Facebook who has been in ongoing discussions with all ad networks on their platform. Should third-party ad networks be able to use users’ photos? Currently it is ok as long as user data is not being cached.

Unfortunately many ad networks do cache data although we’ve already seen some of those ad networks shut down. The issue is ongoing and there have even been extreme cases where user photos have shown up on sites outside of Facebook. Facebook attempts to aggressively enforce their policies but the issue presents a challenging dilemma.

If Facebook decides to get aggressive on ad networks we could see the revenue of many applications fall to practically nothing. That’s because using a friend’s photo in an advertisement dramatically increases click through rates. While the other sites have gotten the story a little wrong, there’s no doubt that the issue has been brought to the forefront.

What do you think Facebook’s policy should be about using your photos in advertisements? How about allowing third-party ad networks to display your photos in ads?

-3rd Party Photos-

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675324 Comments2009-07-17+18%3A59%3A41Nick+O%27Neill »

They should get their own damned pictures. They shouldn’t have the right to use my photos anymore than anyone else does. all photos should be right click protected. or at least I should have the option to give my permission to SELL my photo for use.

Comment by pd — July 17, 2009 @ 3:20 pm
Pretty sure this is Rock You, we had issues like this when we did a campaign with them. Sad that they stoop to this level!

Comment by Jackie — July 17, 2009 @ 3:30 pm
I don’t have a problem with my picture being used as long as it’s in context to something. If I like cheese (which I do) I wouldn’t mind my face being next to a “Your friends like cheese” ad… However, out of context is the fact that my relationship status is not kept hidden. If I was single, I’d probably be ok with the practice, but since I’m not, I wouldn’t like that at all.

Which brings up another point. Who owns the content? Since the images are of me, do I get a cut? There are plenty of celebrities that have non-fan profiles and their pictures don’t end up in ads, why not? I know what the TOS says, but that’s my agreement with Facebook.

I’ve been a huge proponent of transparency for applications. What data are you using? What are you going to use it for? Yes, I can see how that might drop revenue, but wouldn’t it make the service more sustainable? Maybe instead of just using everything you can about me for whatever you want, let me choose and give me something in exchange. It doesn’t need to be monetary.

People who want to make money will find a way to do it. The question is how to do it on such a personal service. It’s just another example of the evolution of the social web. It’s also a question that will have to be answered at some point.

Comment by Justin Dessonville — July 17, 2009 @ 3:51 pm
My photos are MY PHOTOS! I chose what to do with them, no one else. This sort of behavior is unacceptable!!!

Comment by Eleonora Barna — July 17, 2009 @ 4:23 pm
Looks like a socialcash ad

Comment by ac — July 17, 2009 @ 5:18 pm
this looks like a socialcash ad. they’ve gotten mixed up with fb before during the adnetwork shutdown (socialreach/socialhour etc.)

Comment by dc — July 17, 2009 @ 6:37 pm
Help the is download my mobile (added by Mobile using Mippin)

Comment by Sena — July 17, 2009 @ 7:48 pm
Thanks so much for clearing up the confusion around this ad. It was a funny incident that made me stop and think. I'm pretty sure a lot of other people are thinking about their settings as well. Unfortunately, not sure there's a way around the apps issue – unless people just stop using apps altogether, and frankly, I don't see that happening.

Good post – and good discussion.

Thanks again!

Comment by Cheryl Smith — July 17, 2009 @ 8:51 pm
There should be a setting saying whether I give facebook or anyone else permission to use my photo for any advertising purpose. There is implicit endorsement otherwise and I imagine I won't be the only one to delete my photo and use something inanimate if I find out my photo is being used for anything ) They'll ruin their own success if they don't watch out…

Comment by Kathryn Gorges — July 17, 2009 @ 11:14 pm
You know I don't care till facebook INFORMS ME ABOUT IT. I mean everytime they change something it happens in the dark – let your customers know about the damn change. I have posted this on Letsfixthis.com – I hope people vote on this and facebook listens. http://www.letsfixthis.com/facebookcom/privacy/60

Comment by Kenny — July 18, 2009 @ 9:35 pm
I don not think that facebook or any third party should be able to use any photos that I place on the site. I use the privacy part of friends only on facebook for a reason, not so some else can come along and use any photo of mine…..

Comment by Kathleen — July 19, 2009 @ 6:19 am
I do not think that facebook or any third party should be able to use any photos that I place on the site. I use the privacy part of friends only on facebook for a reason, not so some else can come along and use any photo of mine…..

Comment by Kathleen — July 19, 2009 @ 6:20 am
I joined facebook because I thought it would be a good way to keep in touch with my friends but still have control over who has access to my information. I post pictures of my children both in the albums and as status picture. I care very deeply about protecting the privacy of my family and I am considering canceling my account over this issue.

Comment by AJ — July 23, 2009 @ 10:55 pm
The moment you make your photos publicly available you lose the right to defend them as private property.

Comment by Simon — July 24, 2009 @ 9:09 am
I post photos on Facebook for my friends to see. My Facebook permissions are set so that only my friends can view them. However, by allowing Facebook apps access to my account so that I can partake in the fun, my photos become available to third parties. If these third parties would like to use my photos in their advertising, that is fine, so long as I give permission and I am compensated for their use.

Comment by John — July 24, 2009 @ 3:13 pm
The fee for using my image in an ad is $1m per instance. Please let me know of any violations so, like Getty would do, I can raise a retropsective invoice!

Comment by Jan — July 24, 2009 @ 5:05 pm
If my photo is used in an ad I’d like some money please!!

Comment by M2 — July 24, 2009 @ 6:55 pm
facebook gives you the ability to share as many of your photos as you'd like with your friends and family. they have provided millions of people websites and allowed them to reconnect, stay in touch and meet new people. all of this, with no cost to any of the users. and now YOU want compensation. if you don't like what they're doing with your photos i'm sure they'll let you out of your contract with them – free of charge.

Comment by ralph — July 25, 2009 @ 3:21 am
Your photos are your intellectual property. If someone uses a copyrighted photo without permission, that is stealing. Music, artwork, photography, literature… the rights belong to the creator by law.

Comment by m harlow — July 25, 2009 @ 6:46 am
This warning appears to be misinformed. There has been no change in Facebook policy, practice or plans. Check their own response to this rumor here:
http://blog.facebook.com/blog.php?post=110636457130

Comment by Bruce Johnson — July 25, 2009 @ 12:48 pm
I just read the link above and Bruce is absolutely right. Check the facts BEFORE you start jumping all over something. I could not fathom Facebook willingly doing such a thing. Read their blog post about this issue. Third party advertisers were stealing the photos and breaking TOS, so Facebook took care of it. http://blog.facebook.com/blog.php?post=1106364571...

Comment by Elizabeth K. Barone — July 27, 2009 @ 3:50 am
A friend of mine logged onto facebook recently and saw a picture of his wife under a "Want a Girlfriend" ad! I would have said "Hey! Why did you join an online dating service?" He had a cooler head, but the fact is facebook uses user photos on those sidebar ads all the time! I don't have a problem with that, but they might want to say "We put random user photos on these ads" or something. As far as 3rd party advertisers using the pics, didn't somebody win a lawsuit over the issue recently? I think they saw themselves on a billboard in Eurpose or something. That's just plain wrong. Unless… facebook puts language in its membership agreement stating that if a member pulls a member's photo and uses it in ad, they have to pay that member a $50,000 fee. Now we're talkin…

Comment by Jim C — July 27, 2009 @ 7:38 pm
Oh, Eurpose = Europe….

Comment by Jim C — July 27, 2009 @ 7:39 pm
Phonological recoding skill and beginning reading. ,

Comment by Barbara96 — October 22, 2009 @ 9:10 pm

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They should get their own damned pictures. They shouldn’t have the right to use my photos anymore than anyone else does. all photos should be right click protected. or at least I should have the option to give my permission to SELL my photo for use.

Comment by pd — July 17, 2009 @ 3:20 pm

Pretty sure this is Rock You, we had issues like this when we did a campaign with them. Sad that they stoop to this level!

Comment by Jackie — July 17, 2009 @ 3:30 pm

I don’t have a problem with my picture being used as long as it’s in context to something. If I like cheese (which I do) I wouldn’t mind my face being next to a “Your friends like cheese” ad… However, out of context is the fact that my relationship status is not kept hidden. If I was single, I’d probably be ok with the practice, but since I’m not, I wouldn’t like that at all.

Which brings up another point. Who owns the content? Since the images are of me, do I get a cut? There are plenty of celebrities that have non-fan profiles and their pictures don’t end up in ads, why not? I know what the TOS says, but that’s my agreement with Facebook.

I’ve been a huge proponent of transparency for applications. What data are you using? What are you going to use it for? Yes, I can see how that might drop revenue, but wouldn’t it make the service more sustainable? Maybe instead of just using everything you can about me for whatever you want, let me choose and give me something in exchange. It doesn’t need to be monetary.

People who want to make money will find a way to do it. The question is how to do it on such a personal service. It’s just another example of the evolution of the social web. It’s also a question that will have to be answered at some point.

Comment by Justin Dessonville — July 17, 2009 @ 3:51 pm

My photos are MY PHOTOS! I chose what to do with them, no one else. This sort of behavior is unacceptable!!!

Comment by Eleonora Barna — July 17, 2009 @ 4:23 pm

Looks like a socialcash ad

Comment by ac — July 17, 2009 @ 5:18 pm

this looks like a socialcash ad. they’ve gotten mixed up with fb before during the adnetwork shutdown (socialreach/socialhour etc.)

Comment by dc — July 17, 2009 @ 6:37 pm

Help the is download my mobile (added by Mobile using Mippin)

Comment by Sena — July 17, 2009 @ 7:48 pm

Thanks so much for clearing up the confusion around this ad. It was a funny incident that made me stop and think. I'm pretty sure a lot of other people are thinking about their settings as well. Unfortunately, not sure there's a way around the apps issue – unless people just stop using apps altogether, and frankly, I don't see that happening.

Good post – and good discussion.

Thanks again!

Comment by Cheryl Smith — July 17, 2009 @ 8:51 pm

There should be a setting saying whether I give facebook or anyone else permission to use my photo for any advertising purpose. There is implicit endorsement otherwise and I imagine I won't be the only one to delete my photo and use something inanimate if I find out my photo is being used for anything ) They'll ruin their own success if they don't watch out…

Comment by Kathryn Gorges — July 17, 2009 @ 11:14 pm

You know I don't care till facebook INFORMS ME ABOUT IT. I mean everytime they change something it happens in the dark – let your customers know about the damn change. I have posted this on Letsfixthis.com – I hope people vote on this and facebook listens. http://www.letsfixthis.com/facebookcom/privacy/60

Comment by Kenny — July 18, 2009 @ 9:35 pm

I don not think that facebook or any third party should be able to use any photos that I place on the site. I use the privacy part of friends only on facebook for a reason, not so some else can come along and use any photo of mine…..

Comment by Kathleen — July 19, 2009 @ 6:19 am

I do not think that facebook or any third party should be able to use any photos that I place on the site. I use the privacy part of friends only on facebook for a reason, not so some else can come along and use any photo of mine…..

Comment by Kathleen — July 19, 2009 @ 6:20 am

I joined facebook because I thought it would be a good way to keep in touch with my friends but still have control over who has access to my information. I post pictures of my children both in the albums and as status picture. I care very deeply about protecting the privacy of my family and I am considering canceling my account over this issue.

Comment by AJ — July 23, 2009 @ 10:55 pm

The moment you make your photos publicly available you lose the right to defend them as private property.

Comment by Simon — July 24, 2009 @ 9:09 am

I post photos on Facebook for my friends to see. My Facebook permissions are set so that only my friends can view them. However, by allowing Facebook apps access to my account so that I can partake in the fun, my photos become available to third parties. If these third parties would like to use my photos in their advertising, that is fine, so long as I give permission and I am compensated for their use.

Comment by John — July 24, 2009 @ 3:13 pm

The fee for using my image in an ad is $1m per instance. Please let me know of any violations so, like Getty would do, I can raise a retropsective invoice!

Comment by Jan — July 24, 2009 @ 5:05 pm

If my photo is used in an ad I’d like some money please!!

Comment by M2 — July 24, 2009 @ 6:55 pm

facebook gives you the ability to share as many of your photos as you'd like with your friends and family. they have provided millions of people websites and allowed them to reconnect, stay in touch and meet new people. all of this, with no cost to any of the users. and now YOU want compensation. if you don't like what they're doing with your photos i'm sure they'll let you out of your contract with them – free of charge.

Comment by ralph — July 25, 2009 @ 3:21 am

Your photos are your intellectual property. If someone uses a copyrighted photo without permission, that is stealing. Music, artwork, photography, literature… the rights belong to the creator by law.

Comment by m harlow — July 25, 2009 @ 6:46 am

This warning appears to be misinformed. There has been no change in Facebook policy, practice or plans. Check their own response to this rumor here:
http://blog.facebook.com/blog.php?post=110636457130

Comment by Bruce Johnson — July 25, 2009 @ 12:48 pm

I just read the link above and Bruce is absolutely right. Check the facts BEFORE you start jumping all over something. I could not fathom Facebook willingly doing such a thing. Read their blog post about this issue. Third party advertisers were stealing the photos and breaking TOS, so Facebook took care of it. http://blog.facebook.com/blog.php?post=1106364571...

Comment by Elizabeth K. Barone — July 27, 2009 @ 3:50 am

A friend of mine logged onto facebook recently and saw a picture of his wife under a "Want a Girlfriend" ad! I would have said "Hey! Why did you join an online dating service?" He had a cooler head, but the fact is facebook uses user photos on those sidebar ads all the time! I don't have a problem with that, but they might want to say "We put random user photos on these ads" or something. As far as 3rd party advertisers using the pics, didn't somebody win a lawsuit over the issue recently? I think they saw themselves on a billboard in Eurpose or something. That's just plain wrong. Unless… facebook puts language in its membership agreement stating that if a member pulls a member's photo and uses it in ad, they have to pay that member a $50,000 fee. Now we're talkin…