In article <m2tm9d$mhs$
1...@dont-email.me>, "PAS" <
nto...@optonline.net>
Wrong. It has *EVERYTHING* to do with it. Without it, there *IS* no
discussion.
>
> > They clearly do have a licence to use your
> > photos. (Otherwise they would not be legally able to
> > display them to any user other than you!)
>
> You should have posted the remainder of the terms where it states that
> the license is so that they may display the photos on the website which
> is what I am paying them to do.
>
> You responded to this: "Certainly with FB, and some others I have seen,
> by signing up with them you grant them a non-exclusive royalty-free
> licence allowing them to sub-licence your images to whomsoever they
> please" by saying "If people want FB or any other webpage they don't
> personally own to display their photos, they will have to agree to just
> exactly that." You are wrong, there is no agreement that SmugMug has a
> license to sub-license my photos to whomever they please.
Actually, you're the one who's wrong. The words "You grant..." and
"...right to use..." are all thats required to legally allow them (Any
"them", be it Facebook, SmugMug, Flickr, or whomever) to do *ANYTHING
THEY WANT* with whatever image you hand them. While they may (and in the
case of SmugMug, it looks as though they do) go on to try to "explain"
what they're planning to do, that explanation *IS NOT* a restriction on
what they *MAY* do, should they decide they want to.
Put another way, when you upload an image to some site with a user
agreement that contains similarly worded terms that don't *SPECIFICALLY*
prohibit them doing <pick a something> with your image, then you've just
handed them the rights to do anything they might care to do with it.
*ANYTHING*. If you don't like that fact, don't upload an image to them.
That's really your only option, since no for-profit outfit is going to
(or more accurately, their lawyers won't *LET* them) close the door on
any possibility of exploiting anything they can get their hands on to
make a buck off it.
On the other hand, it's *POSSIBLE* that someone with deep enough pockets
may some day manage to bring a case that blows such crap out of the
water - A while back, a precedent was set that effectively shot holes in
so-called "shrink-wrap licensing" - Licenses that basically say "by
opening the package, you agree to whatever we damn well please, and if
you don't like that, tough shit". Website TOS statements are a form of
of SWL, at least in my non-lawyerly opinion. The problem is this: Do
*YOU* have what's needed (in terms of time, money, lawyers, etc, etc,
etc) to chase this to a conclusion that stops websites form doing such
things?
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