Photobucket terms and conditions change?

Discussion in 'Photographic Discussions' started by Overread, Jan 22, 2009.

  1. Overread

    Overread has a hat around here somewhere Staff Member Supporting Member

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    Not sure if this has been noticed here yet (I could not see a thread) but this is from photobuckts terms and conditions:

    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.

    link: Terms of Use - photobucket.com

    Now also if you go to the site and have an account you can have any image sent to your phone - for the charge of $2.
    I have not looked into this much but I can't recall photobucket being an "unsafe" area for photographers to post their images without worries of image theft. Now it appears that the TC does allow for that right to photobucket (similar to on places like Facebook).
    Can anyone firstly comfirm if this is the case - and also does anyone remember if this was in the original TC - or is this a new addition.
     
  2. Josh66

    Josh66 Been spending a lot of time on here!

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    I think that's how it's always been. As long as you have your account set to private, you have nothing to worry about.

    If you have it set to public, I think this would be happening no matter what the ToS said (people will download your images and do what they want with them), the ToS just covers Photobucket so you can't sue them because someone printed your (publicly displayed) image.

    edit
    Same thing here. I haven't read TPF's ToS agreement in a while, but I'm sure there's something in there about how we can't sue because of the actions of a third party.
     
  3. Overread

    Overread has a hat around here somewhere Staff Member Supporting Member

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    true an image hosted anywhere on the net can be stolen - but most sites like Devientart and Flickr still allow the photographer/artist posting the material to retain their image rights - as far as I can see on photobucket the material in the account is salable by photobucket and any 3rd party without the owner having any legal right to challenge.
     
  4. invisible

    invisible Been spending a lot of time on here!

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    Thanks for posting this, Overread.

    If you set your account to private, would hotlinks to your images still work?
     
  5. Josh66

    Josh66 Been spending a lot of time on here!

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  6. invisible

    invisible Been spending a lot of time on here!

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    I do, thanks.

    Time to choose another hosting site, though.
     
  7. Overread

    Overread has a hat around here somewhere Staff Member Supporting Member

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    yep I can see the image.
    for me though its just tipped the scales - I was going to move to flickr once my free photobucket account filled since you get more for your money at flickr than at photobucket. The lack of any protections for an open account at photobucket is just not the sort of thing that a photographer or artist should use - even normal family shots are at a bit of a risk should photobucket ever want to make money beyond thier recent mobile phone download service (And with the current economic climate they are likley to)
     
  8. DeftlySpun

    DeftlySpun TPF Noob!

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    Ok, I see this is an old string but does un-checking: "Allow others to copy my photos & video" on the Account Settings/Privacy & eMail Settings page of Photobucket affect what these guys were talking about?
     
  9. KmH

    KmH Helping photographers learn to fish Supporting Member

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  10. 2WheelPhoto

    2WheelPhoto TPF Noob!

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    Yes
     

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