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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 01 Nov 2009 (Sunday) 19:36
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HappySnapper90
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Nov 01, 2009 19:36 |  #1

Are there any image hosting sites where you do not grant the site the license to use uploaded images however they want, including "transmitting" or "distributing" them?

I've heard zenfolio talked about often but even they take that usage license:
F. License Granted by Photographers

By transmitting images or any other media to Zenfolio, Photographers grant Zenfolio a nonexclusive right to use, reproduce, transmit, publicly display, and distribute the images or other media as deemed appropriate by Zenfolio for the sole purpose of providing the Photographer Services.




  
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Mike
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Nov 02, 2009 07:46 |  #2

That does not sound like you grant them the right to use the photos however they want, if you read the paragraph you wrote it says "...for the sole purpose of providing the Photographer Services."

If you don't grant the site some amount of license they will surely be unable to display your photos at all.


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HappySnapper90
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Nov 02, 2009 15:24 |  #3

I'm concerned about terms such as "transmit" and "distribute" as they see fit to provide "photographer services". A very loose term. Using your images to advertise zenfolio on other websites is within the realms of those 2 words. Maybe even distributing (selling) your images to stock sites with a note about zenfolio to advertise what zenfolio has to offer.




  
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hollis_f
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Nov 03, 2009 04:17 |  #4

HappySnapper90 wrote in post #8942149 (external link)
I'm concerned about terms such as "transmit" and "distribute" as they see fit to provide "photographer services". A very loose term.

So how would you word the Ts&Cs to allow such a site to transmit and distribute images? After all, those 'loose terms' describe exactly what the users want them to do.

I'll bet that that particular phrase wasn't just chucked together, but is the results of many dollars worth of lawyer-time trying to come up with something that will allow them to provide a service without getting sued.


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Thalagyrt
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Nov 03, 2009 11:58 |  #5

Um, yeah. If you don't grant them rights to transmit and distribute your images then you're just uploading them to /dev/null and will never be able to see them on your host, as they won't have rights to transmit and distribute the images you want them to transmit and distribute (i.e. make available) for you. Hell, they wouldn't even have the right to transmit the images back to you, so you wouldn't even be able to use it for offsite backup.


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HappySnapper90
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Nov 04, 2009 15:39 |  #6

All good points. Thanks for the opinions.




  
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photoguy6405
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Nov 04, 2009 19:24 |  #7

If they didn't have the right to distribute, then nobody would ever see your images... which is why you're uploading them to begin with, right?


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neilwood32
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Nov 05, 2009 07:51 |  #8

HappySnapper90 wrote in post #8937188 (external link)
Are there any image hosting sites where you do not grant the site the license to use uploaded images however they want, including "transmitting" or "distributing" them?

I've heard zenfolio talked about often but even they take that usage license:
F. License Granted by Photographers

By transmitting images or any other media to Zenfolio, Photographers grant Zenfolio a nonexclusive right to use, reproduce, transmit, publicly display, and distribute the images or other media as deemed appropriate by Zenfolio for the sole purpose of providing the Photographer Services.

That is th important bit legally (ok this is from someone not qualified in Law). If Zenfolio use the image in any other way that providing the "Photographer Services", then you can hold them liable for breach of contract and copyright infringements.

As others have said, if you dont let them "use, reproduce, transmit, publicly display, and distribute the images", how would anyone get to see them.


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