Caution: Always read the Terms of Service
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Old 08-26-2014   #1
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Default Caution: Always read the Terms of Service

A few days ago I was invited to join a new photo forum now available. After reading the T.O.S. there's no way i'd ever be a member of a site practicing what in essence is nothing more than a blatent rights grab.

The part of the T.O.S. in question state

"non-revocable, permenant, unlimited use"

of member photos. In other words that seems to be unlimited permisson for all time.
Now to be fair to both parties, I agree forums or other websites should have some rights of use of images or other material that a member exhibits on that forum, though the right to use should end when the membership is terminated or photo or other work is removed from the site.
So beware. Read those terms of service.

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

Hint as to which forum? or please pm me.
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Old 08-26-2014   #3
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Default Re: Caution: Always read the Terms of Service

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Originally Posted by ksgal View Post
Hint as to which forum? or please pm me.
I think we'd all like to know. Can't think of any reason it should be a secret.
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Old 08-26-2014   #4
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Default Re: Caution: Always read the Terms of Service

Yes, forums, by default, require access to rights of photos posted. This is usually limited, but not exclusive, to use for self promotion. For example, the Picture of the Week feature of this forum requires the release of rights by the author for that specific use. Newsletters are another use for which rights are given to the forum.

"non-revocable, permanent, unlimited use" is too open ended and should NEVER be agreed to. I too would be interested in outing this site as a warning to others.
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Old 08-26-2014   #5
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Default Re: Caution: Always read the Terms of Service

Initially, I omitted a link to the site in question, on purpose, so as to not run afoul of any terms here that may prohibit such actions in a case like this.

Potentially, there is a liability issue and as such if management deems it necessary to remove this, I'd fully understand.

The site in question is photographtalk.com and a link to the terms of service, as terms and rules.
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Old 08-26-2014   #6
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Default Re: Caution: Always read the Terms of Service

Quote:
...service provided by this web site ("Service")...

You are granting us with a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your Content in connection with the Service. You retain copyright over the Content. Meaning that said content can be used by PhotographTalk for further advertising and site promotion.
The full text of the terms explains it all and it's pretty boilerplate. It even further explains that copyright is NOT being transferred.

Non-exclusive means that any content posted to their forum can be used, posted, sold, shared, etc., by you anywhere else. In other words, you can post the same image on multiple sites and they won't care.

Permanent means usually refers to the life of the forum. In other words, if you ever decide to leave the forum, any photos attached to a post, and hosted on their server, can remain in place for the purpose of continuity. A typical problem for many forums containing outside links.

Irrevocable is just that, you can't revoke the usage rights.

Unlimited means they can do whatever with the image, within the scope of the terms. They further qualify it by stating it's in connection with the Service.

While this is rather boilerplate, it does give them legal wiggle room. For example, if they ever decide to expand the Service to include images sales, they can do so legally. Whether that happens or not...
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Old 08-26-2014   #7
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Default Re: Caution: Always read the Terms of Service

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Originally Posted by Tat2Duck View Post
The full text of the terms explains it all and it's pretty boilerplate. It even further explains that copyright is NOT being transferred.

Non-exclusive means that any content posted to their forum can be used, posted, sold, shared, etc., by you anywhere else. In other words, you can post the same image on multiple sites and they won't care.

Permanent means usually refers to the life of the forum. In other words, if you ever decide to leave the forum, any photos attached to a post, and hosted on their server, can remain in place for the purpose of continuity. A typical problem for many forums containing outside links.

Irrevocable is just that, you can't revoke the usage rights.

Unlimited means they can do whatever with the image, within the scope of the terms. They further qualify it by stating it's in connection with the Service.

While this is rather boilerplate, it does give them legal wiggle room. For example, if they ever decide to expand the Service to include images sales, they can do so legally. Whether that happens or not...
Actually I"m well aware of the meaning, thus it appears in some cases my point was missed.
Why in the world would anyone ever want to agree to as i said, a blatent rights grab.
speaking for myself no.
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Old 08-26-2014   #8
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Default Re: Caution: Always read the Terms of Service

I agree.. and Im worried FB and Pinterest and Instagram are going to do something similar... seems like everyone has their hand out in many places, would think it is enough to sell advertising space for me to see.
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Old 08-26-2014   #9
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Default Re: Caution: Always read the Terms of Service

Actually, didn't Facebook try something similar with their terms and it got shot down really quickly?
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Old 08-26-2014   #10
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Default Re: Caution: Always read the Terms of Service

Quote:
Originally Posted by ksgal View Post
I agree.. and Im worried FB and Pinterest and Instagram are going to do something similar... seems like everyone has their hand out in many places, would think it is enough to sell advertising space for me to see.
That is one of several reasons I don't post more photos on Facebook. I don't even have Pinterest or Instagram accounts.


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