Or rather, did you realize what rights you’re giving up when you print your digital pictures?
It’s been a while since I got hardcopies (always useful for frames on the wall, wallets, and grandparents) of some Roxanne pictures, so I looked at local places I can get 1 hour prints (I’m impatient once I start). I thought I wanted to find the cheapest major printer that I can get to easily – the two obvious choices here are CVS and Ritz. CVS was a little cheaper (19cents with no restrictions), so I started signing up. Fill in your email and password and get yet another darn account… CVS outsources the photo site to a place called pnimedia.com to do all the work, just leaving the CVS banner there. Then I read the TOS (Terms Of Service).
Of course by default, the TOS pops up in a separate window that’s much too small to read, without a scrollbar. And it’s an onClick link, not an href, so you have to look in the page source to see where the terms really live (hint: http://cvs.pnimedia.com/disclaimers/terms.aspx). Plenty of the usual legalese about their lack of responsibility for anything, which is fine. Then I read on to this section:
You grant to the Web Site and its service providers and licensees a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, world-wide right and license to access, use, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, adapt, publish, translate, create derivative works from, and otherwise use such Materials (in whole or in part) in connection with the Service, using any form, media or technology now known or later developed, without providing compensation to you…
You also grant to the Web Site and its service providers the right to use your name in connection with the Materials.
So my non-lawyerly reading of that means that any photos you upload to their site, they can then use as they wish, for any purpose ever, and even use your name. Don’t hold your breath, but you might someday be featured in one of their ad campaigns for photo printing in the future. Including your name, Mr/s. Blog Reader. Sound fun?
Not liking the sound of that, I surfed over to ritzpix.com. The TOS there at least comes up in a normal window, and has a normal URL of http://www.ritzpix.com/common/RitzTerms.cfm which states:
As a condition to your Membership, you hereby grant RitzPix.com and the RitzPix.com Site Host (LifePics, Inc. Based out of Boulder Colorado d/b/a/ LifePics) a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service.
Here, you give up the same basic rights, but “solely for the purpose of providing the Service”, which sounds almost reasonable to me. Obviously if they outsource bits, or display your stored pictures, they want to CYA with the basic rights there.
Contrast this all with other sites, like what flickr uses, which is qoop.com for photo printing nowadays, TOS at http://www.qoop.com/about/terms_of_service.php
You hereby grant to QOOP a worldwide, transferable, nonexclusive, royalty-free, right and license to use such Content, in all media existing now or created in the future, as QOOP feels appropriate in its sole discretion, to allow you to deploy the QOOP Services to create, manufacture and purchase Products for so long as you maintain a Content QOOP LINQ to QOOP Services, house your Content in the QOOP Content database, or remain a member of QOOP. QOOP may sublicense the rights granted to it in this Section to a third party subcontractor where QOOP deems it necessary or advisable to facilitate QOOP Services. We reserve the right to excerpt your Content and make minor modifications to the Content for technical reasons and for marketing and sales materials.
Ooops, they explicitly say they can use your stuff for marketing materials. Oh, well, I guess there aren’t many safe places anymore.
Is it just me, or does anyone else think about this stuff for licensing in their daily life?