Photobucket copyright question

[Zapins]

I was reading the license agreement to photobucket and I need a bit of translation here from the legal terms.

Particulalrly confused by the bold sections of text below. So if someone takes a picture off photobucket and puts it on their website is it now their picture? Can they copyright it and take it for their own legally?

Can photobucket take the photos and copyright them?


6.1 Photobucket does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Photobucket Services. By displaying or publishing ("posting") any Content on or through the Photobucket Services, you hereby grant to Photobucket and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the Photobucket Services. Photobucket and/or other Users may copy, print or display publicly available Content outside of the Photobucket Services, including without limitation, via the Site or third party websites or applications (for example, services allowing Users to order prints of Content or t-shirts and similar items containing Content). After you remove your Content from the Photobucket Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the Photobucket Website you change the Content’s privacy setting to "private," we will cease any further distribution of such "private" Content outside the Photobucket Website as soon as practicable.
6.2 You represent and warrant that: (i) you own the Content posted by you on or through the Photobucket Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Photobucket Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Photobucket Services.
6.3 The Photobucket Services contain Content of Photobucket ("Photobucket Content"). Photobucket Content is protected by copyright, trademark, patent, trade secret and other laws, and Photobucket owns and retains all rights in the Photobucket Content and the Photobucket Services. Photobucket hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Photobucket Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Photobucket Services.

[jgrussell]

if someone takes a picture off photobucket and puts it on their website is it now their picture? No (they've been granted a license, not ownership rights).

Can they copyright it and take it for their own legally?No (they've been granted a license, not ownership rights).

Can photobucket take the photos and copyright them?Only in the sense that it may be able to have what's called a compilation copyright, but not as to any individual image.

That being said, these are awful terms of service for anyone who's trying to protect his/her own rights to an image: granting any other use "a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content" is far beyond anything I would ever consider.

[Zapins]

Thanks, so what are some acceptable sites to host images on?

[jgrussell]

Thanks, so what are some acceptable sites to host images on?You might take a look at Pbase (http://www.pbase.com). Its terms of service provide, clearly: "By uploading images, a user does not surrender his/her copyright or ownership of the images." It isn't free, but then this is one area where you get what you pay for.

[macro junkie]

flickr ;)

[Zapins]

flickr doesn't kill the uploader with copyright theft?

[jgrussell]

flickr doesn't kill the uploader with copyright theft?I would be very careful (http://www.jmg-galleries.com/blog/2008/07/07/how-every-flickr-photo-ended-up-on-sale-this-weekend/)with Flickr myself...

[Zapins]

Hmm. So there really is no way of sharing photos without having them resold.

Sigh...

[jgrussell]

Hmm. So there really is no way of sharing photos without having them resold. Sigh...You can keep them in password-protected folders on some services (Pbase for one) and give the passwords only to those you trust. Other than that, stay away from services that assert rights to your posts, post relatively small images and make sure they're watermarked. And remember: you get what you pay for. Free -- in this context -- really isn't.

[macro junkie]

me and brian only upload max of 1000x600 (180dpi) to our flick acount..its under creative commons licence.

[macro junkie]

Hmm. So there really is no way of sharing photos without having them resold.

Sigh...
dont upload the original/.save the original in your hardrive and just upload the small image..or u can use flickrs settings so no one can download the full size image..it has settings so people can only view thumb size.watering marking is pain in the ass..only upload small images and there isnt much they can do with 1000x600 (180dpi)..

you could always put dirty big water mark on all your images..i dont like to do that tho.

[lcpete]

Hi, youve raised a very good point
I upload all my photos to photobucket can anyone access the photos in my account without having knowing my password ?

[newb2pro_1day_or_so]

dont upload the original/.save the original in your hardrive and just upload the small image..or u can use flickrs settings so no one can download the full size image..it has settings so people can only view thumb size.watering marking is pain in the ass..only upload small images and there isnt much they can do with 1000x600 (180dpi)..

you could always put dirty big water mark on all your images..i dont like to do that tho.

I have all my pictures so that only reduced image sizes can be seen. What's difficult about this is, let's say I want a 100% original copy to be available for viewing to show detail or something, I can't. This option on Flickr applies to all images and doesn't really give you a selective option. In my opinion, I would switch website and I'm going to buy another hard drive for constant backup of my images. That's the whole reason I bought a yearly flickr pro account was to have a "backup" that I can pull pictures from for prints if I ever lost my hard drive. After reading some of this, I'd rather post the best at reduced sizes and store my originals on 2 seperate hard drives for safety purposes. Even at reduced sizes and the setting selected to block originals from viewing, who's to say Flickr couldn't go and stab you in the back like any other company and "lose" or "claim stolen" your password?

[jgrussell]

Hi, youve raised a very good point
I upload all my photos to photobucket can anyone access the photos in my account without having knowing my password ?If people can see them without going through a password, they can access them. (Anybody can right-click and download an image.)

[Domino81]

I've actually stopped using PhotoBucket as my main gallery, just to upload stuff I like here and there to post on forums and such. ANYONE can print a photo. ANYONE. Luckily, the photos are usually too small for prints any larger than... 5x7? I printed some for my gf for her birthday. Lately I've been using Photobizarre only because I fell into it because a good friend started the site and because it's the only one I have that shows my most prized work. I've linked it. But it, too, has no way to deny anyone the right to copy/link a photo and claim it for themselves. In fact, it's worse! It has the full-res versions available. My friend Matt sees no reason to change the settings on the website because I should take the steps to watermark them and/or re-size them myself. I respectfully disagree. So I'm left wondering what site has the option of being both a working online gallery and protects my work.

[LindaB]

I've actually stopped using PhotoBucket as my main gallery, just to upload stuff I like here and there to post on forums and such. ANYONE can print a photo. ANYONE. Luckily, the photos are usually too small for prints any larger than... 5x7? I printed some for my gf for her birthday. Lately I've been using Photobizarre only because I fell into it because a good friend started the site and because it's the only one I have that shows my most prized work. I've linked it. But it, too, has no way to deny anyone the right to copy/link a photo and claim it for themselves. In fact, it's worse! It has the full-res versions available. My friend Matt sees no reason to change the settings on the website because I should take the steps to watermark them and/or re-size them myself. I respectfully disagree. So I'm left wondering what site has the option of being both a working online gallery and protects my work.


Have a look at Zenfolio - I havent read all of the smalll print, only looked around the site in case PBase went downhill and I wanted an alternative.

Linda

[macro junkie]

i stil think saving the original to your hardrive and only uploading 1000x600 image to your flickr account.u get then best of both worlds then..people can view a nice size image but cant download the original.

the originals i save to DA as well..people can only view them at 1200x800 but 3888x2592 is available to buy as prints through DA http://macrojunkie.deviantart.com/

[Zapins]

Hmm yea thats what I used to do on my website - degrade quality to 97% and resize to 800x600 or whatever was closest. However, I still think people can use these pictures for magazines/adds etc even at those quality ratings. I may be wrong though....

Maybe I will go the watermark way, that seems like it ruins the image pretty well, unless they can somehow be easily removed...

I thought I would ask since Domino81 sort of brought it up: where is a good - cheap - place to make poster sized prints of pictures?

Walgreens seems to be a tad expensive at $13.99 per 20x11 "poster."

[57hardtop]

If people can see them without going through a password, they can access them. (Anybody can right-click and download an image.)

I haven't seen anybody mention SmugMug...I don't believe they claim copyright/ownership rights to your photos. Also, I know for a fact that you can "right click protect" your photos on SmugMug if you have a "power" or "pro" account. I also believe you can do the same with Flickr too.

[The Rover]

By displaying or publishing ("posting") any Content on or through the Photobucket Services, you hereby grant to Photobucket and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the Photobucket Services.

This seems to indicate as long as you mark your album as private, Photobucket cannot use your images as indicated in the bold text of the quote. Am I reading this correctly?