Here's Flickr's relevent bit (actually part of the Yahoo! TOU) YouTube *is* the Flickr of video afterall:
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Yahoo! removes such Content from the Service.
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I am not a lawyer but this is how I read it:
YouTube claims a license to use your content anyway they deem fit forever and ever in any part of the world just by you submitting the content to the service. Whereas Yahoo (Flickr) will only "license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available." and this right is rescinded as soon as either of you decides to remove it form the service.
YouTube could conceivably create a 'YouTube Greatest Hits" DVD ("prepare derivative works of".. "in any media format") and sell it worldwide ("any media channel") and the content creators would get bupkis ("royalty-free"). Of course you could make your own DVD and they wouldn't be able to stop you ("non-exclusive"). They are granting themselves every right you have to your work, with no way for you to revoke those right. They generously allow you to keep those rights, what a deal!
On 1/24/06, Michael Verdi <[EMAIL PROTECTED]> wrote:
So my basic issues with the service as it is right now are:
1. The Terms of Use. Specifically, "For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the YouTube Website and YouTube's (and its successor's) business, including without limitation for promoting and redistributing part or all of the YouTube Website (and derivative works thereof) in any media formats and through any media channels." The way I read that is you are giving them the right to do whatever they want with your work - even profit from it or licensce it to someone else - without necessarily including you in the deal. Am I misinterpreting this?
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