The claim keeps coming up that WhatsApp – and thus Facebook – is allowed to reuse images and photos that have been sent.
The claim has been circulating for at least five years, back then with a fake image from the news channel “N24”: The rights to images and videos sent would automatically be transferred to WhatsApp, and thus to its owner Facebook, which then uses the images and videos for advertising, for example should.
Since there is always uncertainty about this, we often receive inquiries about it, such as those from our Facebook community :

“Question due to the circumstances...
If images etc are sent via WhatsApp, who then has the rights to use the images? As the owner, can Facebook use the WhatsApp images in the same way as those uploaded to Facebook? Or do other terms and conditions apply? Who knows what??
Without but please with the reference, I should research the terms and conditions of WhatsApp."
These fears are triggered by a text that is repeatedly shared on social media:
“With WhatsApp, all rights to images sent are now assigned to WhatsApp so that WhatsApp can resell your images. In the worst case scenario, you find a photo of your child on some advertising poster and can't do anything about it (see updated terms and conditions). Sending other people's photos/pictures could also pose dangers, namely if the author of the picture insists on his rights and sends you an expensive warning."
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Clear answer: That is wrong!
The usage rights that the app claims refer exclusively to the public profile picture and the status that each user can set themselves .
But these licenses also expire as soon as the user deletes the profile picture and/or status. Messages sent between people (text, video, image, voice message) are expressly excluded .
The company itself writes the following point 5A of the General Terms and Conditions
“For clarity, direct messages, location data and photos or files that you send directly to other WhatsApp users are only visible to the WhatsApp users or groups to which you directly send this information; but the status updates can be viewed globally by WhatsApp users who have your mobile number on their smartphone, unless the user is blocked by you.”
Point 5B also states :
“To be clear, you retain all of your ownership rights to your Status Submissions , but you must have the rights in the first place. However, by submitting the Status Messages to WhatsApp, you grant WhatsApp a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works of, display and perform the Status Messages in connection with the WhatsApp Service and WhatsApp's business (and its successors), including, but not limited to, promoting and distributing part or all of the WhatsApp Service (and derivative works thereof) in any media formats and through any media channels.”
This is also the point that is often misunderstood: This is about status submissions on the app. The stated use and reproduction refers to the fact that this status message and the profile picture may also be displayed to other users.
The journalist Andreas Rickmann asked the lawyer Tim Hoesmann, , who said the following about the company's claims and formulation:
“WhatsApp needs rights to transfer data. In relation to the profile pictures, this means: WhatsApp must have the right to display these pictures.
Point 5 B of the Terms of Use states that the service may use users' profile pictures in connection with WhatsApp. All of this applies exclusively to status. It is incorrect to conclude from point 5 of the Terms of Use that this also applies to images sent in private messages and group chats.
Due to its business model, WhatsApp has no interest in using images sent in private chats.”
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Conclusion
The right to use images, videos and texts sent remains with the user and cannot be used or distributed by the company for any other purpose.
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Notes:
1) This content reflects the current state of affairs at the time of publication. The reproduction of individual images, screenshots, embeds or video sequences serves to discuss the topic. 2) Individual contributions were created through the use of machine assistance and were carefully checked by the Mimikama editorial team before publication. ( Reason )

