Caution: Always read the Terms of Service - Page 2
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Old 08-26-2014   #11
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Default Re: Caution: Always read the Terms of Service

Originally Posted by Tat2Duck View Post
Actually, didn't Facebook try something similar with their terms and it got shot down really quickly?
Yes.. but if they wait long enough.. who is going to stop them from re-selling all those uploaded photos? Seems the whole industry is devaluing the product, but even worse is acting like the -should- own the photos too. Even personal snapshots.

The whole stock industry seems bent on grabbing everything and basically paying the supplier/contributor nothing. Facebook apparently wants to be able to have the right to use your camera on your phone and listen and look anytime they want - and are going to try to force that on us also.. seems like any personal/professional rights in digital media are being eroded big time lately.

Link for those that hadn't heard about FB and the camera phone thing -
Facebook Android App Camera Security - Business Insider
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Old 08-27-2014   #12
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Default Re: Caution: Always read the Terms of Service

And of course a facebook spokesperson says "facebook wouldnt do that", (anyone want to buy a bridge?)

the fact remains its a legal agreement and for now, until and unless courts would ever take action preventing things like this, it is a legal agreement the user has agreed to so there is no real recourse short of uninstalling the app.

It seems to me the photo industry is at the point the music industry was at about 15 years ago, with the difference being the professionals in the music industry combined are large enough in numbers they have the power to get legal legislation passed for their protection. The photograpic community is still made up largely by non-professionals and as such there is no real power in numbers.
Add to that all the parents, grandparents, or kids that take "snapshots" and have no idea of what copyright is or should be, or what "rights" they are giving away.

At this point the stock industry can make any rule they want regarding use of our art, simply because there is nothing keeping that from happening.
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Old 08-30-2014   #13
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Default Re: Caution: Always read the Terms of Service

This is why I really do not post any photos on sites as it is. And when I do they are smaller in size. I have an FB account, but there is one photo of my work toy on it. The only reason I have that account is that my family pestered me till I got it, but I never use it. Most forums as Tat stated have this in their terms. So far to my knowledge none of the sites have actually ever gone beyond any use other than for their forums.
Technically all of us are covered under the DMCA for the protection of our works. But in another forum I post on someone had his image stolen off of an FB site not his own, and used in a TV spot. The guy is an amateur shooter, and contacted the thief, they consequently offered $1000 for the photo, with their lawyer saying that they really did not have to. His claim was that since it was posted on an open domain site it was free for use. They said that if you post on Google+ and other sites that the media is open for use. So why offer to pay him for the image? We all know why.
I advised him to reject the offer, and consult an actual Copyright Lawyer, then sue for a pornographic amount. I also advised that he register the photo under the collective works section of the Copyright office. But instead he consulted one of those free online lawyer sites, and heard what the offenders lawyer stated. He unfortunately took the money, and let it alone, and therein lies the problem we have with websites with overly broad terms of use. Not enough people are willing to fight, so the majority will make it hard for those of us who will, when we have to.
If you join a forum with ridiculous terms just post text, and never share anything you care about. This is a bad attitude to some, but it is the safest one.

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