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Adobe expressly rewrites rights

By dpreview staff on Apr 7, 2008 at 08:54 GMT

In response to public concern, Adobe has amended the terms and conditions of its online gallery/image manipulation tool, Photoshop Express. The new terms, which will come into force on April 10th, attempt to explain how each of the rights claimed is necessary to allow Adobe to deliver the service.

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Public statement:

Adobe has revised the terms of service for the Photoshop Express beta – https://www.photoshop.com/express/pxterms.html. Revisions were made in context of user feedback. The original terms of service implied things Adobe would never do with the content within Photoshop Express. Thus, revisions were made to clarify our intent:

  • Adobe’s Rights – Adobe has retained only those limited rights that allow us to operate the service and to enable you to do all the things the service offers. If you decide to terminate your Photoshop Express account, Adobe’s rights also will be terminated. Adobe doesn’t claim ownership of your content and won’t sell your images.

  • Shared Content – Adobe clearly states the rights you’re granting other users when you choose to publicly share Your Content.

The terms of service will not take effect until April 10th, in order to give you time to review and choose to continue using the Photoshop Express beta under these new terms.

Revised terms:

Editorial: The biggest changes to the terms and conditions are in the section governing the use of users' shared content. Explanatory text highlighted in green.

6. Use of Your Content

This section hereby replaces Section 8(a) (“Use of Your Content”) of the General Terms.

  1. By Adobe

    Adobe does not claim ownership of Your Content. However, we do need certain rights from you, with respect to Your Content, in order to operate the Service and in order to enable you to do all the things this Service affords you the ability to do.

    Therefore, with respect to Your Content, you grant Adobe a worldwide (because the internet is global), royalty-free (meaning we do not owe you any money), nonexclusive (meaning you are free to license Your Content to others) fully sublicensable (so that we can permit our affiliates, subcontractors and agents to deliver the Service on our behalf) license to use, reproduce and modify Your Content solely for the purposes of operating the Service and enabling your use of the Service.

    With respect to Your Shared Content, you additionally grant Adobe the rights to distribute, publicly perform and publicly display Your Shared Content (in whole or in part) for the sole purposes of operating the Service and enabling your use of the Service and to sublicense Your Shared Content to Other Users subject to the limitations of Section 7 below.

    These limited licenses do not grant Adobe the right to sell or otherwise license Your Content or Your Shared Content on a stand alone basis. Further, you may terminate Adobe’s right to distribute, publicly perform and publicly display Your Shared Content by making it no longer shared.

    You may terminate the remainder of Adobe’s rights by removing Your Content from the Service. (Detailed instructions on how to do these things can be found at http://www.adobe.com/cfusion/webforums/forum/messageview.cfm?forumid=74& catid=684&threadid=1351324&enterthread=y). Upon removal of Your Content from the Service or upon making Your Shared Content no longer shared, Adobe shall have a reasonable time to cease use, distribution and/or display of Your Content.

    However, you acknowledge and agree that Adobe shall have the right to keep archived copies of Your Content.

  2. By Other Users

    You hereby grant Other Users a worldwide (because the internet is global), royalty-free (meaning that Other Users do not owe you any money), nonexclusive (meaning you are free to license Your Content to others) license to view, download, print, distribute, publicly perform and publicly display Your Shared Content subject to the limitations in Section 7.

    If you do not wish to grant these rights in Your Shared Content then do not share Your Content with Other Users. While you have the ability to remove Your Content from the service and/or the public areas within the Service and thus prevent future licenses from being granted, you acknowledge and agree that once Your Shared Content has been shared, Adobe can neither monitor nor control what Other Users do with it.

    (Detailed instructions on how to remove Your Content from the Service and/or the public areas within the Service can be found at http://www.adobe.com/cfusion/webforums/forum/messageview.cfm?forumid=74& catid=684&threadid=1351324&enterthread=y).

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