Wish List
Tags
adobe air ajax coldfusion examples ext flex javascript max2007 misc technology ui
Recent Entries
Search
RSS
Subscribe
Photoshop Express Read the fine Print!
Before you start uploading all of your beloved images to Photoshop Express online it may be worthwhile to read the fine print.
The short version of the terms and conditions are quite short and mention nothing about ownership of the content that you upload to Photoshop Express.
Once you go the the larger more complete terms and conditions you find down on point 8 the following:
8. Use of Your Content.
- Adobe does not claim ownership of Your Content. However, with respect to Your Content that you submit or make available for inclusion on publicly accessible areas of the Services, you grant Adobe a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, derive revenue or other remuneration from, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other Materials or works in any format or medium now known or later developed.
- "Publicly accessible" areas of the Services are those areas of the Adobe network of properties that are intended by Adobe to be available to the general public. However, publicly accessible areas of the Services do not include Services intended for private communication or areas off the Adobe network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Adobe.
Now I'm not a lawyer but to me this means that while Adobe doesn't own the photos that I upload to their site they can do with the images what they will as IF they owned it. Secondly I can't do anything to revoke their right to use my images how they like, nor can I claim from Adobe any licensing fees for my works.
So while I am not a professional photographer, and I figure the main userbase for Photoshop express would be non-professional photographers, if you don't want to give Adobe "carte blanche" for all the images you upload think twice about agreeing to the terms and conditions.
Your interpritation is correct. Users are granting Adobe a free and unrestricted license to use their photos in any way. In fact the license is more open than what image libraries grant you after paying to use images!
Users shouldn't be surprised if their photos turn up as sample or stock images in packaged copies of Photoshop or Illustrator, or uncredited use in Adobe adverts in the press or on their website. Boy, I'm glad you read the small print for me. :-D
Oh, there's more. Users also grant them a sublicensable license. That means Adobe can license images to 3rd parties or charge others to use the images. Charming. Cue the cliches: buyer beware, there ain't no such thing as free...
http://blogs.adobe.com/jnack/2008/03/a_note_about_...
to find out we end up exactly in a buyer beware scenario. The TOS are often so packed full with "legalease" that we just look at it as blah blah and check the box without taking the time to read.
I generally don't read the terms of service but since the short TOS was so short and didnt mention anything about how my copyrighted photography would be used I decide to read further.
Hopefully Adobe will "correct" this little problem so that the content remains the full and exclusive right of the orginial owner, something similar to what happens on flickr that they can
use the images that you flag as public in the context of promoting Flickr.