I’m more than happy to stand corrected, but from my experience in media law in the US, UK, and Australia I believe I own the copyright to my own likeness (AKA their own image in photos/videos). Everyone does, as protected under under national and international laws, maybe even under the U.N. universal convention on human rights, etc)…

FaceBook should therefore ask my permission before publishing a photo of me to avoid breaching my ownership of my image, let alone before they allow me to be tagged in that photo!

Work flow should be something like this…

1) User creates photo album and uploads pics.

2) FaceBook scans photos and picks faces of users whose opt-in preferences (I.e. its not automatically possible to for the FaceBook system to ID faces unless the user opts-into it).

2B) FaceBook could maybe even provide suggestions as to who the faces might be after comparing them with the profile pics albums of the user’s friends who’s preferences allow this).

NB. facial recognition is kinda big brother though as it could be used to maliciously automatically catalogue everything ever done by anyone that gets uploaded in a photo). But if its subject to the following approval process then could be OK

3) User tags friends, using suggestions as a guide.

4) FaceBook automatically blurs the faces in the photo, allowing it to be published immediately (albeit without the faces being distinguishable to avoid breaching each person’s individual ownership of the copyright to their own image.). At least this way pics of events and whatnot can be published right away to give a general feel of what was happening.

5) FaceBook messages users friends after they’ve been tagged, showing them the part of the photo containing their (maybe face enlargeable with a magnifying glass when moused-over), but with the other faces blurred out to avoid breaching each person’s individual ownership of the copyright to their own images.

6) FaceBook IDs the other faces and messages the candidates to ask if its them (only checking the faces of the possible candidates who have opted-in to be considered in the auto-tagging process)

I.e. those who don’t get tagged by the poster, and who opt out of selection for auto-tag-suggestions don’t ever get un-blurred in photos… which is of course much better than the photo never getting published just because one of the people in it doesn’t want their likeness shown or can’t be identified by the auto-tag-suggestion system).

7A) FaceBook un-blurrs (removes blurring of individual faces), republishing it based on the permissions its received as each user tagged (or auto-tag-suggested) confirms or denies permission for this particular version of their likeness to be published…

…and…

…7B)

as each user confirms or denies permission for as each user confirms or denies permission for there to be a tag on it that IDs them in particular.

EXAMPLE SCENARIOS:

i-a) The option to veto completely the publishing of a photo that only contains your likeness (I.e. no photo online will then be online at all, let alone with a blurred face) should be available if the person is the only face/likeness in the photo. Likeness can include distinguishable features, not just a person’s face.

i-b) If multiple faces in a photo then the user should be able to petition the poster, and if they refuse to take it down, then secondly the user should then be able to anonymously petition owners of the other faces/likenesses, asking them if they are willing to support your veto of the photo’s publication as a whole. A veto from owners of all the faces in the photo should be able to overpower the poster and remove the photo altogether.

ii-a) Bad photo user doesn’t like as is…

User selects that the photo can be published with their likeliness (and any distinguishable features they select) blurred, and as they don’t like the photo they can select that FaceBook not ID them directly (I.e. not tag them).

ii-b) Bad photo user doesn’t like…

User selects that the photo can be published with their likeliness un-blurred, but as they don’t like the photo they can select that FaceBook not ID them directly (I.e. not tag them).

iii) Bad photo, but don’t mind people knowing it was you.

User selects to have their face blurred, but a tag is created anyway to show it was them (just not the look on their face as they E.g. dive off the bungee jump tower full of fear).

iv) OK photo and am happy to be personally IDed.

User selects yes un-blur my face and tag me.
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Without an asset approval process such as this for copyright attainment, in my opinion FaceBook currently violates the inalienable human right to privacy and ownership of their own images of each person whose likeness is published on it!!!

I.e. The current work flow not allowing the veto of photos by the copyright owners pictured in is, not obtaining permission from each person in each photo as to whether their likeness can be shown, and then also obtaining approval that that particular likeness of them should also be tagged as being them.

N.B. To be fair, it should be noted that FaceBook currently mercifully allows users remove tags of themselves post-publishing (even notifying the users they’ve been tagged), however this really isn’t good enough to prevent for example, privacy breaches where privacy was reasonably expected and cases of accidental or even malicious mistaken identity/identity theft, which can destroy reputations, careers, and even lives)!~)

If this doesn’t change, then as users become more savvy about their rights online, FaceBook’s usership might become limited to those who are completely free and easy about the use of their likeness online without permission!~)

Again, maybe I’m well off the mark with all this and am of course more than happy to be corrected, so would be very keen to hear what others think!?!