Posted on September 11, 2010
pc
I am sure very few people read the terms and conditions before registering on a website or entering a competition – I know I dont normally. A few weeks ago I saw a tweet from #ScottBourne on twitter that pointed to the facebook T&C’s and the fact that :
“For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.”
Now it looks like the above T&C’s have recently changed, because the cancellation of the license is now effective if you remove your IP from facebook or close your account and also it now appears the permission is based to your privacy settings. However while the content is up there there is still a full license being granted to facebook to reuse your content as needed.
When I read the above I was a bit annoyed, but I dont tend to post many photographs on facebook and those that I do, would not be my “photography” photos if you know what I mean. My “photography” images are shared either on my website or over on flickr – which has a T&C of service which depending on the licensing model you choose on your account, is pretty good. Recently I was invited to join the Fotovotr group on flicker and then invited to join fotovotr.com which is a website that allow you to vote on images using your flickr account – at the end of each week there are leaderboards which show you the top 15 images of the week, as voted by the users.
This is all good and I was using the service for just over a week, when I was invited to submit photos for Fotovotr to create an online memory game. Being an amateur photographer I was initially delighted at being asked and immediately decided to take part in the new venture. I dont know what caused me to do it, but as I was signing up for the new application I decided to check the terms and conditions of the Fotovotr service and there in the middle I found a the nasty bit:
“You represent that Your User Content is wholly original to You and that You exclusively own the rights to Your User Content, including the right to grant all rights and licenses in these Terms of Service without Provider incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by You. You grant to Provider the unrestricted, unconditional, unlimited, worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, publicly perform and create derivate works from or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to You.”
Now I am not a solicitor, but the bold section above certainly sounds to me like I have effectively lost control of my images and they can do with them what they wish and there is nothing that I can do about it! I was quite shocked and immediately went to the “My Account” section of the website to see if I could delete my account because I wanted nothing more to do with Fotovotr. The thing is, there is no way to delete your account. So I ended up emailing them directly and requesting that my account be deleted on the grounds that I object to their terms and conditions. To their credit they carried this out quite swiftly and thanked me for my input to that point. The only thing I wonder about now, is the fact that I imagine even with the deletion of my account, they probably still retain all those rights to the images I had already posted to their competitions!
Moral of the story? I know they are boring and tedious, but at least glance over the T&C’s of any site or organisation you are submitting your images to, or you might find out the hard way that you have lost control of them!