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Attention Flickr and Photobucket users

 
 
Reply Mon 2 Jul, 2007 03:41 pm
It seems that Ad agencies are lifiting photos from Flickr and using them in their campaigns without permission and without model releases from the people appearing in the photos.

http://flickr.com/photos/sesh00/515961023/#comment72157600333015792

and

http://www.flickr.com/groups/central/discuss/72157600541608353

And....

From Photobucket's terms of use:

Quote:
3. Your License to Photobucket

Photobucket does not claim any ownership rights in any User Content that you choose to post to the Site. After posting User Content to the Site,you continue to retain all ownership or license rights in your User Content and you continue to have the right to use your User Content as you did prior to such posting. However, by posting or making User Content available through the Site or via the Services, you hereby grant to Photobucket a nonexclusive, royalty-free, transferable, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly display and publicly perform (whether by means of a digital audio transmission or otherwise) and process your User Content, or any part of it, solely on and through the Site and Services, including without limitation (a) adapting the format of your User Content (for example by encoding or transcoding) for suitable display on the Site; and (b) displaying, in Photobucket's sole discretion, your public User Content in search results generated by the Photobucket search engine. In addition, where you have made your User Content public, posted a link to your User Content on another website or otherwise shared a link to your User Content, you grant to Photobucket a nonexclusive, royalty-free, worldwide right to sublicense the right to copy, modify, prepare derivative works from, and distribute your User Content as necessary to perform the Services, including without limitation the printing services offered by Partner Sites. In connection with the above license, you provide your consent for Photobucket personnel, including Photobucket contractors and service providers, to view your User Content at any time for the purpose of providing the Services and filtering content that violates this Agreement. You acknowledge that you are solely responsible for all Content you submit to the Site or provide to the Service. You represent that you either own the User Content or have the rights necessary to grant Photobucket this license.

Your license to Photobucket with respect to any particular piece of User Content will terminate once you or Photobucket remove it from the Site.



In the process of reviewing my images on Photobucket I discovered one photo had mysteriously been renamed and was in a file format that I don't use. I have no idea what this is about. I deleted the image and I am in the process of deleting all other images too.

I will probably continue to use Photobucket but I will expire my images much more quickly and I will start keeping a very close eye on what is being done.

I urge you to do the same. It's a jungle out there. Be careful.
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Type: Discussion • Score: 1 • Views: 1,270 • Replies: 4
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sozobe
 
  1  
Reply Mon 2 Jul, 2007 03:44 pm
Oh geez! That's extremely irritating.

Thanks for the info.

(As an aside, I seem to remember that photos posted here are copyrighted, so if you posted something on Photobucket to post it here and someone used that photo they may be violating the copyright... but I don't know and even if I'm right I don't know what you'd do with that exactly.)
0 Replies
 
boomerang
 
  1  
Reply Mon 2 Jul, 2007 03:57 pm
It really is a mess - this copyrighting of digital images.

But I did find out about my Photobucket weirdness and it was no big deal. They inserted something into each account to show off some new feature.

Still, their license is a bit spooky. Not as spooky as what is going on at Flickr but spooky.
0 Replies
 
stuh505
 
  1  
Reply Mon 2 Jul, 2007 09:51 pm
sozobe wrote:
Oh geez! That's extremely irritating.

Thanks for the info.

(As an aside, I seem to remember that photos posted here are copyrighted, so if you posted something on Photobucket to post it here and someone used that photo they may be violating the copyright... but I don't know and even if I'm right I don't know what you'd do with that exactly.)


You automatically have a copyright for any photo that you take, regardless of what you later do with it. Just by taking the photograph, you have copyright. But copyright does not give you full rights to use that photograph. For example if you sneak into the playboy mansion and snap some photos for your private collection, you have copyright, but you would still need a model release for the people you photographed.
0 Replies
 
Vivien
 
  1  
Reply Sun 26 Aug, 2007 10:25 am
that's bad Sad

I use photobucket but only every put on small images 100dpi and about 5 inches across so hopefully the quality wouldn't be good enough for them to be worth stealing? except of course to use on the web ..... Sad
0 Replies
 
 

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