Photo sites T&C’s
February 17th, 2009 by Ivan
Although there are many ways to share photos online, it’s worth reading the smallprint because there are some important differences with what they are allowed do with your data:
Google Picasa
The google picasa terms of service, in fact, it seems most google services, including gmail have the following text: (Emphasis is mine)
“[...]11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence 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 licence 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.”
“11.2 You agree that this licence includes a right for Google to make such Content available to other companies, organisations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services[...]“
Facebook (no link coz it’s shit)
Some text from the facebook terms of use: (Emphasis is mine)
“[...]You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service[...]“
The flickr (pro) Terms of Service include the Yahoo! Terms of Service by reference. The Yahoo terms have the following text: (Emphasis is mine)
“[...]Yahoo! does not claim ownership of Content you submit or make available for inclusion on the Yahoo! Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services, you grant Yahoo! the following worldwide, royalty-free and non-exclusive license(s), as applicable:[...]“
“[...]With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services other than Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo! Services 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 Yahoo! Services and will terminate at the time you remove or Yahoo! removes such Content from the Yahoo! Services.[...]“
And this text is from the Microsoft Service Agreement from the legal section of windows live spaces: (Emphasis is mine)
“[...]You may be able to submit materials for use in connection with the service. The service includes publicly accessible areas (“public areas of the service”) and areas to which you can control access by others (“shared and private areas of the service”). You understand that Microsoft does not control or endorse the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of the materials you post or provide on the service. However, with respect to content you post or provide you grant to those members of the public to whom you have granted access (for content posted on shared and private areas of the service) or to the public (for content posted on public areas of the service) free, unlimited, worldwide, nonexclusive and perpetual permission to:
* use, modify, copy, distribute and display the content in connection with the service and other Microsoft products and services;
* publish your name in connection with the content; and
* grant these rights to others.You understand that Microsoft may need to make copies, change the format, transcode or otherwise process content posted on the service, including on shared and private areas of the service, in order to:
* store and retrieve the content;
* make the content available to you and those members of the public to whom you have granted access;
* conform to connecting networks’ technical requirements; or
* conform to the limitations and terms of the service.[...]”
If I’m reading that Microsoft document correctly, that means you’re effectively giving your content away! Anybody you share it with can not only re-publish it but they can also sub license it!
In Summary
It appears from that rather crude comparison that Flickr are the only one of the four that restrict their usage of your photographs to the purpose you uploaded them for (i.e. as an online photo album) and only flickr seem happy to end their usage rights after you cancel your account. I’m going to laugh when all those people with drunken photos on facebook realise the photos are actually permanent, you know like tattoos, except a shade more visible.
Update: How to delete your facebook account.
