ok, Smugmug... or what?

Started Jun 8, 2010 | Discussions thread
graybalanced
Veteran MemberPosts: 3,765
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re: Photobucket
In reply to doady, Jun 15, 2010

doady wrote:

A Modest Mouse wrote:

Read again - the only thing that paragraph states is that you have no commercial rights when posting shots to Photobucket. It also clearly states how to prevent others from accessing your photos (and thereby assuming rights to copy/print). Please, don't try to lie to people on this board; that is just lame.

The only one lying is you. By hosting a photo to Photobucket, you give away your rights to the whole world for free. Section 6.1 states that quite clearly.

Section 6.1 clearly states that by posting photos to Photobucket, you give Photobucket and all its 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 " any of your photos.

This is a standard legal language found in the terms of many sharing services. Are you saying that you are using a service that does not contain similar language? If a service does not include this language, you have not given them legal permission to copy your images to their servers, manage them, and show them to your viewers ("use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate")

The only reason it says it's paid and royalty free is so that nobody thinks they have a right to request or sue Photobucket for a fee to distribute their photos.

Also, you're contradicting yourself. How can you say you give up all your rights when they clearly state that a) you retain ownership and b) the license is nonexclusive ?

Yes, there are Terms of Use out there that are unfair (look out for agreements asking you to give up copyright or your "moral rights"...you should never agree to these) I think you are jumping to conclusions without having read anybody else's agreements, understanding the actual legal meaning of the terms, and without considering the point of view of the business needing to have legal permissions to handle your images for the purposes you requested.

That said, comparing Photobucket to Smugmug may indicate a lack of understanding of the full range of photo-business-supporting features Smugmug provides. Photobucket doesn't even come close.

By the way, although I agree that the word "smugmug" is not terribly endearing, my clients rarely see the word because it is possible to remove just about all Smugmug branding from a Pro site and replace it with your business's.

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