Re:Did I Just Give My Permission? The Hashtag as Consent
by jrandm on Sunday October 11, 2015 @03:39AM
(#10368453)
Roundaboutly everything a business does is advertising, I'd draw a line between commercial advertising (ie: paid ad placements, physical displays) and content only available by someone actively going to a photo gallery on the website.
"You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
Tip: This license is you authorizing us to make your Tweets on the Twitter Services available to the rest of the world and to let others do the same."
That's pretty explicit, you don't have total control over it once you publish that photo, neither according to the policy nor in a practical sense.
Via the platform means it's still my tweet, and I have total control over it, and they can't do anything else with it.
Doing other things is not academic in that case.
>They weren't advertising with it[...]putting it in a public collection
Putting it in a public collection for the purpose of..... advertising.
>If I posted a picture of myself on every bulletin board I could find posing with [popular_brand] and labeled it with a big, flashing sign that said '[brand] LOOK HERE', is it unreasonable for that brand to share my image on their website?
Definitely unreasonable. "Look" and "put on your website" are different things.