Before the update, the TOS, provided that when you closed an account on FaceBook.com, any original content you uploaded to your FaceBook profile would expire.
Now, anything you upload to Facebook can be used by Facebook in any way they deem fit, forever, no matter what you do later.
If you close your account Facebook still has the right to do whatever it wants with your old content.
FaceBook can even sublicense your content, including your pictures, video’s, and your likeness:
“””””You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Facebook Service or the promotion thereof.””””
That language is the same as in the old TOS, but there was an important couple of lines at the end of that section that have been removed:
“””””You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.””””
Furthermore, the “Termination” section near the end of the TOs states:
The following sections will survive any termination of your use of the Facebook Service: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the Facebook Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.
Just so we are clear user content is defined by Facebook as “any photos, text, link, audio, video, designs, ads and anything else that you Post on or through the Facebook Service.””
This is VERY important.
Please understand what rights you are giving away.
if you have children, make sure that they know and understand the ramification of placing photos, pictures and even the discussions they have on FaceBook.
As we all know or have heard, kids tend to put all sorts of Pictures and Videos up on social networking sites. Also children use Facebook for discussion groups and to chat back and forth.
Pictures, videos and even chat, can and will be picked up by the mainstream media if the person becomes famous for good or bad.
If you 14 year old kid puts up embarrassing pictures on FaceBook or a racy video, and then makes American Idol, or becomes the starting running back for the NY Giants, or becomes the CEO of a public company, expect that Facebook will license out these early moments to a tabloid or entertainment show.
Hell, Facebook can even use your or your kids likeness in national ads for FaceBook and you don’t get a dime. Maybe the kid never becomes famous but is just very cute or good looking. There image can be used or sold by Facebook for use anywhere, without any compensation.
Image if you or your kid becomes famous and Facebook uses your picture, maybe a flattering one, maybe a not so flattering one, in an ad campaign.
All perfectly legal.
This provision, can also be a major problem if you have “public” trouble in your, or your kids life.
If you get accused of crime of interest to the media, see how fast a Facebook sells off pictures or videos of you or your kids to the media.
Finally you should be aware that under FaceBooks.com Term of Service, Facebook can close your account at any time, for any reason, without notice:
“””””””We may terminate your account on the Facebook Service, delete your profile and any User Content you have Posted on or through the Facebook Service, and/or prohibit you from using or accessing the Facebook Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice.””””