I’m fascinated by the ad for Gavin Newsom’s gubernatorial exploratory campaign that’s been showing up on my Facebook page lately. The ad includes a photo of my friend Katie and says that Katie is a fan of Gavin Newsom. Her page confirms that she is a supporter of Gavin. So Katie is a fan of Gavin, and Katie and I are friends, and Gavin is advertising on Facebook, so I see Katie’s photo in his ad. And Katie’s photo appears above Gavin’s in the ad.
Also interesting: when I visited Katie’s page today the top ad was for the “Poizner for Governor 2010” exploratory committee. (Poizner is a Republican, Newsom is a Democrat.) Poizner’s ad appeared above an ad for Newsom, even though Katie actually supports Newsom. So she’s become an advertising vehicle for one of Newsom’s potential opponents.
Robert let me know that he also saw my pic next to Gavins, here’s what I wrote to him:
On one hand I feel like I didn’t think I specifically authorized the use of my likeness by Gavin (maybe I did when I became a fan/joined the group and didn’t read the fine print!). But he is not putting any words in my mouth, just making an implied endorsement.
On the other hand I also know much of my activity on Facebook is public. For example I was able to search the Groups/Friends pages and see this:
Yesterday at 4:21pm Robert Weiner became a fan of (Group).
and it is listed under your pages on your profile.
So what is the difference between my friends being able to see I am a Gavin fan on my page vs. showing that fact to my friends, who could see it anyway? I get that it seems to imply endorsement, but isn’t that what I am doing when I become a fan or join a group? I can set my preferences in Facebook to restrict who can see this information.
Is it being an active vs. passive “advertising vehicle”? Good question!
It feels to me like it’s overstepping for an organization, whether it’s a politician, business, or nonprofit, to use someone’s likeness in advertising without their permission. I also think you should notified when your face is used in an ad. I haven’t noticed any statement that I’m granting permission to use my likeness in ads when I join a Facebook group or become a fan. Were you surprised to learn that you’re in Gavin’s ad? Pleased?
This is also a commercial transaction: Gavin’s campaign is paying Facebook for your likeness. Shouldn’t Facebook be paying you a licensing fee?