Hi Matthew,

The Russian photo was a copypaste error, I added the link at least similar to the other photos. If any of the other photos miss such a link, that is likely also an error on my side and I'd happily fix that. 

Given the arguments you gave, it might indeed make sense to add the CCBYSA link & explicit mention after all. It'll be a tough job but well... it is a fair enough effort to make. This is something that hasn't been done with any of the images yet. 

I personally find the Facebook terms on this kind of vague since they don't specify their 'license' very well. According to the Facebook FAQ it would also be allowed to post content when you have permission to post it - which I could claim to have through the CC-BY-SA license. As long as I follow the terms of that license of course (which indeed includes linking and mentioning the license). 

Lodewijk

2012/8/16 Matthew Roth <mroth@wikimedia.org>
Hi all,
So there is an issue we need to address. After sharing a couple of the recent Top 10 country photo posts from WLM 2011 on Facebook, I was gently reminded about an issue that has come up already with CC-BY-SA licensing and Facebook. The Wikimedia Foundation Legal and Community Advocacy department wrote some guidance on this matter (not legal advice, but an attempt to clarify):
https://meta.wikimedia.org/wiki/Legal_and_Community_Advocacy/CC-BY-SA_on_Facebook

For the applicable section of CC-BY-SA, see 4(a) and 4(b) here:
http://creativecommons.org/licenses/by-sa/3.0/legalcode

The relevant part of the Facebook terms:
"you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License)." https://www.facebook.com/legal/terms

Essentially, if you upload your own photo, you have the right to grant multiple licenses, so you would be fine. But as the guidance notes, if you're uploading others' photos, you don't have the right to grant a license. These Top-10 galleries are very nice, but they are also likely not a good idea with the way Facebook sub-licenses. I'm going to stop sharing these galleries on the Wikipedia Facebook page for this reason and start pointing to the Commons page where they are all listed:
http://commons.wikimedia.org/wiki/Wiki_Loves_Monuments_2011_winners

I won't give others advice, since IANAL, but at a minimum, every WLM photo should be properly licensed, which means that it must have a link to the actual CC-BY-SA license page. For example, this photo is not quite licensed correctly. 
https://www.facebook.com/photo.php?fbid=483806128315982&set=a.483805884982673.110448001.202866679743263&type=1&theater
In addition to the name of the author and the license text, it must have a link to the CC-BY-SA 3.0 Unported license page here:
http://creativecommons.org/licenses/by-sa/3.0/deed.en

For example, this one is missing all the necessary licensing info:
https://www.facebook.com/photo.php?fbid=489888381041090&set=a.489888334374428.110449708.202866679743263&type=1&theater

Arguably these photos probably shouldn't even be on Facebook like they are, but again IANAL and I'm not giving you legal advice. That's a decision for you all to make.

thanks,
Matthew

--

Matthew Roth
Global Communications
Wikimedia Foundation
+1.415.839.6885 ext 6635
www.wikimediafoundation.org

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