Re: Snapchat also uses your photos perpetually (Re: Contracts for pro band photographers.)

2015-11-05 Thread Mark Roberts
John wrote:

>That looks like the boilerplate, catch-all phrasing that's in Flickr's
>T.O.S. to keep you from suing them if some third party steals your photo
>from their site. You can still sue the third party, but you're agreeing
>that whatever happens, it's not Flickr's fault.
>
>Plus it gives them the leeway to move photos around from one server farm
>to another and gives them a reasonable amount of time to propagate the
>removal of your images from Flickr's servers if/when you close your account.

You got it. Almost all the objectionable items in these Terms of
Service agreements are basically there as CYA material to protect the
web service or social media site from litigious users and downloaders.
No online service is going to sell your images to a third party even
if their TOS technically allows them to because it's too risky:
Flickr/Facebook/whoever can never be certain that the person who
uploaded the image is really the copyright owner. If someone uploads
an image that isn't theirs (which happens all the time) they can't
grant legal any permissions for the use of that image no matter what
the TOS says.

Furthermore, in addition to copyright there's the matter of a model
release if the image in question shows a recognizable person (as
exemplified in the Flickr/Virgin Wireless debacle a few years back).

http://www.robertstech.com/blog/?p=327

 
-- 
Mark Roberts - Photography & Multimedia
www.robertstech.com





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Re: Snapchat also uses your photos perpetually (Re: Contracts for pro band photographers.)

2015-11-04 Thread John

On 11/4/2015 2:25 AM, Malcolm Smith wrote:

Igor wrote:


I am not using it, but here is what Snapchat included with the new
terms of service:
http://thenextweb.com/apps/2015/10/30/snapchats-new-terms-let-it-store-
and-reuse-your-photos-but-they-arent-scary/

You grant Snapchat a worldwide, perpetual, royalty-free, sublicensable,
and transferable license to host, store, use, display, reproduce,
modify, adapt, edit, publish, create derivative works from, publicly
perform, broadcast, distribute, syndicate, promote, exhibit, and
publicly display that content in any form and in any and all media or
distribution methods (now known or later developed).


Given the fact that Snapchat (at least initially) was aimed at
"private"
messaging (or was it messaging privates?), that type of TOS is even
more disturbing (compared, say, to photohosting services).


Unlike the 'Foo Fighters' contract, at least it seems to be limited to just
this planet.

Shocking really, but with that catch all at the start they never have to
come back to you to ask permission to use your stuff in any way, as by
signing up and accepting their terms and conditions, they have it. Just
shows how much you have to examine the fine detail if you are using a
service, or providing a photographic service to a third party to see what
rights they expect to strip off you.

Malcolm




That looks like the boilerplate, catch-all phrasing that's in Flickr's
T.O.S. to keep you from suing them if some third party steals your photo
from their site. You can still sue the third party, but you're agreeing
that whatever happens, it's not Flickr's fault.

Plus it gives them the leeway to move photos around from one server farm
to another and gives them a reasonable amount of time to propagate the
removal of your images from Flickr's servers if/when you close your account.

IIRC, Flickr also has or had a deal with Getty Images where they could
peruse the images on Flickr and if they found one they wanted to buy,
Flickr could give them your contact information so they could make you
an offer.

I don't know if Flickr got a cut/commission if you agreed to sell to Getty.



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Religion - Answers we must never question.

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Snapchat also uses your photos perpetually (Re: Contracts for pro band photographers.)

2015-11-03 Thread Igor PDML-StR



I am not using it, but here is what Snapchat included with the new terms 
of service:

http://thenextweb.com/apps/2015/10/30/snapchats-new-terms-let-it-store-and-reuse-your-photos-but-they-arent-scary/

You grant Snapchat a worldwide, perpetual, royalty-free, sublicensable, 
and transferable license to host, store, use, display, reproduce, modify, 
adapt, edit, publish, create derivative works from, publicly perform, 
broadcast, distribute, syndicate, promote, exhibit, and publicly display 
that content in any form and in any and all media or distribution methods 
(now known or later developed).



Given the fact that Snapchat (at least initially) was aimed at "private" 
messaging (or was it messaging privates?), that type of TOS is even more 
disturbing (compared, say, to photohosting services).


Igor



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RE: Snapchat also uses your photos perpetually (Re: Contracts for pro band photographers.)

2015-11-03 Thread Malcolm Smith
Igor wrote:

> I am not using it, but here is what Snapchat included with the new
> terms of service:
> http://thenextweb.com/apps/2015/10/30/snapchats-new-terms-let-it-store-
> and-reuse-your-photos-but-they-arent-scary/
> 
> You grant Snapchat a worldwide, perpetual, royalty-free, sublicensable,
> and transferable license to host, store, use, display, reproduce,
> modify, adapt, edit, publish, create derivative works from, publicly
> perform, broadcast, distribute, syndicate, promote, exhibit, and
> publicly display that content in any form and in any and all media or
> distribution methods (now known or later developed).
> 
> 
> Given the fact that Snapchat (at least initially) was aimed at
> "private"
> messaging (or was it messaging privates?), that type of TOS is even
> more disturbing (compared, say, to photohosting services).

Unlike the 'Foo Fighters' contract, at least it seems to be limited to just
this planet.

Shocking really, but with that catch all at the start they never have to
come back to you to ask permission to use your stuff in any way, as by
signing up and accepting their terms and conditions, they have it. Just
shows how much you have to examine the fine detail if you are using a
service, or providing a photographic service to a third party to see what
rights they expect to strip off you.

Malcolm


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