Copyright in the terms pages of sites: instagram, flickr, imgur, facebook, twitter pinterest etc 18-5-2017

Copyright policies from some of the major image sharing sites (as at the date 18-5-2017). Interesting to compare how the different sites either limit their potential use and control over your content or leave the space wide open for interpretation.

In my laymans reading of these contracts for instance, Yahoo (which covers Flickr and Tumblr etc), while giving themselves a worldwide license to reproduce images, adds this statement: “or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. ”

All of the contracts appear to keep copyright with the originator, but all also give the site wide-ranging rights, which are likely needed to operate the services they provide, and allow social sharing, tagging etc. But some contracts appear to be needlessly open-ended and potentially give rights to all manner of unspecified publication (and without compensation, attribution or even notification).

I guess we’ll have to wait and see what if anything results from the sites that don’t appear to protect their users as well, but for now, I’m wary of posting high-res images and without watermarking, on some of the sites…

Flickr and Tumblr (Yahoo)

https://policies.yahoo.com/nz/en/yahoo/terms/utos/index.htm

  • PUBLIC CONTENT POSTED TO YAHOO! NEW ZEALAND
    1. For purposes of the TOS, “publicly accessible areas of the Service” are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public Message Boards Yahoo New Zealand Message Boards, but would not include private Yahoo New Zealand communication services such as Yahoo New Zealand Mail or Yahoo New Zealand Messenger.
    2. With respect to Content you elect to post for inclusion in publicly accessible areas of Yahoo New Zealand Message Boards or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Yahoo New Zealand the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific Yahoo New Zealand Message Boards to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
    3. With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Yahoo New Zealand the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Instagram

https://help.instagram.com/478745558852511

Instagram does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy, available here http://instagram.com/legal/privacy/, including but not limited to sections 3 (“Sharing of Your Information”), 4 (“How We Store Your Information”), and 5 (“Your Choices About Your Information”). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.

Imgur

https://imgur.com/tos

Intellectual Property

By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else’s rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant Imgur a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to Imgur pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content Imgur has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.

twitter

https://twitter.com/tos?lang=en

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your photos and videos are part of the Content).

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). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Twitter to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Twitter, or other companies, organizations or individuals, 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.

Twitter has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Facebook

https://www.facebook.com/terms

Sharing Your Content and Information

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. In addition:

  1. 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.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policy and Platform Page.)
  4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  5. We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Pinterest

https://policy.pinterest.com/en/terms-of-service

Posting content

  • Pinterest allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Pinterest.

    More simply put

    If you post your content on Pinterest, it still belongs to you but we can show it to people and others can save it.

  • b. How Pinterest and other users can use your content

    You grant Pinterest and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Pinterest solely for the purposes of operating, developing, providing, and using the Pinterest Products. Nothing in these Terms shall restrict other legal rights Pinterest may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

    More simply put

    Copies of content shared with others may remain even after you delete the content from your account.

  • c. How long we keep your content

    Following termination or deactivation of your account, or if you remove any User Content from Pinterest, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Pinterest and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Pinterest.