All posts tagged infringement

Recently there’s been a whole riot about Google’s new browser Chrome. Or rather… Its terms and conditions.
Most of the people just sign up, register, and check the box I agree for for a wide range of different things and applications without actually reading the small print. In most cases that’s ok, because most people don’t really have anything of value to share.
But if you’re a photographer and you have your “Content”, as they officially call it, posted on a website, it’s darn important to know what you sign up for.

Take for example Google Chrome. In point 11 of their first version of the Terms of Service it read

By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the services. This license is for the sole purpose of enabling Google to display, distribute and promote the services and may be revoked for certain services as defined in the additional terms of those services.

Thanks to the people who actually DID read the Terms of Service and started making a big deal out of it, this was changed into something a lot more agreeable and a lot less dodgy:

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.

This is still quite an open book, but at least if you catch them using your pictures without permission, you can knock on their door and hold up your hand.

But then the other big fish… Facebook.
I usually don’t put any pictures of importance on those kind of sites anyway, but I must shamefully admit that this one also slipped through my attention. I didn’t read the Terms of Use on their website when I signed up.
But here, all you photographers, I know you’re on there, so read this, and read this carefully. This is an excerpt from Facebook’s Terms of Use:

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Facebook does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

This basically means that no matter what images you post on Facebook, they can use them whenever, wherever, how ever, how much, and in what possible edited way they want, and they can even sub license YOUR images. And you’re not getting paid a dime.
So really, what you want to do if you must post images on Facebook and they are sellable and precious to you, is either make the resolution so low that they can’t really reproduce the image, or put a big fat watermark right in the middle of it.

Ok, maybe the chances are slim that they will actually use the pictures, but I know I would be seriously annoyed if I’d find out about something like that and there’s nothing I could do about it.

What the h*ll's going on?? Do you have the right??

What the hell's going on?? Do you have the right??

Some food for thought.