1 | Data Compiled | By Kathy E GIll | Short URL: http://j.mp/photo-sharing-tos | CC : share, attribution, non-commercial | |||||||||||||||||
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2 | facebook.com/kathyegill | Newer version: http://j.mp/photo-sharing-tos-2013 | |||||||||||||||||||
3 | @kegill | PBS Link: | http://www.pbs.org/mediashift/2011/06/who-really-owns-your-photos-in-social-media157.html | ||||||||||||||||||
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5 | Service | Owner | TOS URL | Date | Relevant Portions of TOS | The Fine Print | |||||||||||||||
6 | http://www.facebook.com/terms.php | ND | Section 2: You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings | ||||||||||||||||||
7 | For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. | Facebook can sub-license; license is not limited to Facebook pages | |||||||||||||||||||
8 | Flickr | Yahoo! | http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html | 11/24/2008 | Section 9: Yahoo! does not claim ownership of Content you submit or make available for inclusion on the Yahoo! Services... you grant Yahoo! the following worldwide, royalty-free and non-exclusive license(s)... | ||||||||||||||||
9 | (b) With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services other than Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo! Services solely for the purpose for which such Content was submitted or made available. | License is for use only on Yahoo! properties (limited) | |||||||||||||||||||
10 | http://pressroom.yahoo.net/pr/ycorp/permissions.aspx#photos | ND | Photos and/or images found on Yahoo! Images or Flickr are the property of the users that posted them. Yahoo! cannot grant permission to use third party content. Please contact the user directly. | The most definitive statement of third party use of any site | |||||||||||||||||
11 | Burbn, Inc | http://instagr.am/legal/terms/ | ND | Instagram 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 Instagram Services. By displaying or publishing ("posting") any Content on or through the Instagram Services, you hereby grant to Instagram 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 not shared publicly ("private") will not be distributed outside the Instagram Services. | License is for any media channel and any media format | ||||||||||||||||
12 | Lockerz | 43% Liberty Media : http://www.libertymedia.com/interactive-lockerz.aspx - Liberty owns shares in several "interactive" companies | http://lockerz.zendesk.com/entries/515604-terms-of-service | ND | Further, by providing Submissions to Lockerz via the Website or otherwise, you ... (c) automatically grant Lockerz a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty–free license to use the Submissions, and exercise all copyright, publicity and other rights with respect to any such Submissions... | Looks pretty broad. Nothing about ownership on the Lockerz site itself | |||||||||||||||
13 | MobyPicture | Mathys van Abbe, Amsterdam, The Netherlands | http://www.mobypicture.com/termsofuse | 5/10/2011 | All rights of uploaded content by our users remain the property of our users and those rights can in no means be sold or used in a commercial way by Mobypicture or affiliated third party partners without consent from the user. | There is no mention of licensing in the TOS | |||||||||||||||
14 | Photobucket | Fox Interactive Media, Inc., a division of News Corp. | http://photobucket.com/terms | 6/9/2010 | Section 6. Photobucket does not claim any ownership rights in the text, files, images, photos... 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. | License granted to Photobucket and other users ... through any media channels ... including replication on t-shirts or posters without paying you or notifying you | |||||||||||||||
15 | Picasa | http://www.google.com/accounts/TOS?hl=US | 4/16/2007 | Section 11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services | License is for Google services, including promotion of said services | ||||||||||||||||
16 | Section 11.2 You agree that this license includes a right for Google to make such Content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. | License extends to Google partners | |||||||||||||||||||
17 | Posterous | http://posterous.com/tos | ND | You retain full copyright of any original content that you send us. By posting to Posterous, you're granting us a license to distribute your content on this site. | The most restricted license of any site. | ||||||||||||||||
18 | TwitPic | Noah Everett Winecoff | http://twitpic.com/terms.do | 5/10/2011 | You retain all ownership rights to Content uploaded to Twitpic. However, by submitting Content to Twitpic, you hereby grant Twitpic a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Twitpic's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. | TwitPic can transfer and sub-license in connection with TwitPic's business | |||||||||||||||
19 | Tumblr | http://www.tumblr.com/policy/en/terms_of_service | 3/23/2010 | Section 3: Subscriber shall own all Subscriber Content that Subscriber contributes to the Site, but hereby grants and agrees to grant Tumblr a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so (“Content License”) in order to provide the Services. | Tumblr can transfer and sub-license and the license grants "others" the same license | ||||||||||||||||
20 | http://twitter.com/tos | 11/16/2010 | You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). | Twitter can sub-license ... anywhere and through any media | |||||||||||||||||
21 | You agree that this license includes the right for Twitter to make such Content available to other companies, organizations or individuals who partner with Twitter for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. | Twitter can partner with others to distribute your content | |||||||||||||||||||
22 | Such additional uses by Twitter, or other companies, organizations or individuals who partner with Twitter, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. | No one has to pay you or notify you | |||||||||||||||||||
23 | yFrog | ImageShack | http://www.yfrog.com/page/tos | ND | The content that you distribute through the ImageShack Network is owned by you, and you give ImageShack permission to display and distribute said content exclusively on the ImageShack Network. | This is a major change from May 10, 2011: | |||||||||||||||
24 | ImageShack will not sell or distribute your content to third parties or affiliates without your permission. | http://www.wiredpen.com/2011/05/10/twitpic-terms-of-service-are-they-depriving-you-of-your-copyright/ |