Unraveling the Legality of Upload Photographs

When you upload a photo or video online, it’s natural not to think about where that photo is going, and who now has their hands on it. It takes mere seconds to upload media online, and millions of people do so every day, but who really has authority over this content? Who actually owns the photos and videos you upload online?

Where Are Your Online Pictures Stored?

There are many websites and apps that may need to store your photos, including those specializing in:

• Photo editing.
• Social media.
• Cloud storage.
• Second-hand clothing sales.
• Progress tracking.
• Image hosting.

While the examples listed above most commonly crop up when considering photo storage, thousands of websites and apps may request a photo of you, a product you’re selling, or a form of identification such as a driving license or passport.

A lot of us don’t really understand how and where our pictures and videos are stored online. For example, when you upload a picture to Instagram, it will be saved to your account, so that your followers can view your profile uploads from anywhere. But where are these photos stored so that this is made possible?

Instagram uses cloud servers to store such data, as the majority of services do. Most platforms use servers to store photos, videos, and a variety of other types of data, like names, addresses, and contact information. These servers are usually kept in data centers or data farms, the location of which varies depending on the company in question.

Facebook also uses data centers to store user photos. In Sweden, Facebook has a large facility known as the Luleå Data Center that keeps huge swathes of the social media outlet’s information, including photos and videos uploaded by users. This isn’t the only data center Facebook has, but stands as an example of how the company handles data.

But it’s not just social media you need to consider here. There are many other platforms that handle your photos and videos, including cloud storage services like Google Drive. Cloud storage services typically store your data on remote servers in data centers, too.

Dropbox, for instance, houses data in secure storage servers, which are located in the US, UK, Japan, EU, and Australia. So, it’s evident that secure servers are the most common practice for user data storage, be it by social media platforms or cloud storage services.

So, once these photos are uploaded and stored, do you still own them, or does someone else get first dibs?

Who Owns Your Uploaded Photos and Videos?

In general, whoever created the image or video you uploaded is the official owner. For example, if you take a picture on your smartphone and then upload it to Twitter, Google Drive, Facebook, or any other website, that picture belongs to you. No website can claim that it owns the content you upload if you, yourself, created it.

On the other hand, if you choose to upload someone else’s photo to social media, cloud storage, or another platform, it is not your property. The person who took the photo, or the person who has bought the rights to it, still owns that content. For instance, if you upload a digital graphic created by someone else to social media, it is not up to you who uses it. Rather, it is up to the creator or legal owner.

The same goes for cloud storage platforms, likeOneDrive or Google Drive . These platforms may store your data, but acknowledge that they do not own it. Google Drive, for instance states on itsadditional Terms of Service page that “your content remains yours” when you upload it for storage.

However, there are some exceptions to this rule. If, for example, you sell the rights to a photo or video you made to someone else, it then becomes their property.

But there is another element to be considered here, and that’s the use of your photos.

Who Can Use the Photos You Upload?

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Even if you own the photos you upload, can websites and apps still use them? Some photographers upload their images for free use onstock image websites like Pixabay and Unsplash. On such sites, you can use a given image or video in whatever way you’d like without having to credit the creator.

But if you’re uploading photos to cloud storage platforms, social media outlets, and similar platforms, you’re not usually looking to have your photo used by others.

Each platform has its own policy on user photo usage, but the general consensus is that your permission is required before another entity can use anything you upload. Instagram, for example, has stated in itsHelp Centre that, if anadvertiser wants to use your photos , it must receive express permission from you. Otherwise, your media is off-limits. However, Facebook has an extra caveat here: if your profile or selected photos are listed as “Public” in your privacy settings, then the platform can use them, i.e. essentially viewing your privacy settings as having your permission.

If you’re worried about someone taking your social media photo and using it elsewhere, there are also laws in place for this. If your images or videos are not classified as license free, a person or company needs your permission before using them. If they do not seek your consent, using your content would be a breach of copyright law.

How to Keep Your Photos and Videos Safe

If you’re concerned about companies or individuals using the photos you upload, it’s best to keep this media on your own form of offline hardware storage device.

You can also prevent other users from taking your uploaded photos and videos on social media by keeping your accounts private. Some social media sites let you choose between public and private only, whereas others let you further personalize your privacy settings.

If you regularly upload photos or artwork online, you may also want to consider using watermarks or stating in the caption that the content is not for reuse. This can lower the chance of your content being reposted or used for other purposes without your consent.

Lastly, it’s important to check the storage and privacy policy of the platforms you upload photos to, so that you know how a given company is going to handle your content.

You Own Uploaded Content if You Created It

In short, the photos and videos you take and upload online belong to you, so long as you do not sell the rights to someone else. If anyone claims to own your content or uses it without your permission, this is very likely a copyright infringement. So: the photos and videos you upload online are yours and yours only!