Smugmug Owns my Pics?

zeroskillz

I've been researching the photo hosting sites to figure out which would best suit my needs. Here's what it says in Smugmugs TnC's:

...by posting any Content or otherwise participating in any Interactive Area *(defined as pretty much any part of the site)*, you grant SmugMug a perpetual, nonexclusive, royalty-free right to use, publish, distribute, reproduce, perform, adapt and display the Content on the Site, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely.

This pretty much gives them the right to do whatever they want, with whatever I put up on their site, for forever. :huh


What gives? Am I reading this wrong?
I'd been going through all the free sites first, assuming the pay-services would not have these clauses, and this is worse than some of them.

If this is that bad, can anyone recommend a site that wont reproduce my images without me knowing?

Thanks for any thoughts.
-Ted

Andy

It's silly lawyer speak. We need the rights to publish your pics on our site - for you.

Here's what our new terms will say, once I have them on the site (soon!)

Terms Update (coming soon!) wrote:

You retain the copyright in any User Content you post on the Site. SmugMug neither has nor wants any ownership of your Content. However, by uploading and/or posting any User Content to the Site, you grant SmugMug a perpetual, nonexclusive and royalty-free right to use the User Content and the name that is submitted in connection with such User Content, as is reasonably necessary to display the User Content, provide the Services and to facilitate, at Content Owner's direction, the license of Photos or the sale of Products on the Site.

Bit more clear, eh?

In the meantime, don't worry - your photos are yours and we want and have no interest in them.

zeroskillz

Excellent! And thanks for such a quick response.
That puts Smugmug back at the top of my list.
Any idea when the new TnC's will be active, so to speak?
Thanks!
-Ted

Andy

zeroskillz wrote:

Excellent! And thanks for such a quick response.
That puts Smugmug back at the top of my list.
Any idea when the new TnC's will be active, so to speak?
Thanks!
-Ted

They're live now:

http://www.smugmug.com/aboutus/terms.mg

SmugMug Terms wrote:

You retain the copyright in any User Content you post on the Site. SmugMug neither has nor wants any ownership of your Content. However, by uploading and/or posting any User Content to the Site, you grant SmugMug a perpetual, nonexclusive and royalty-free right to use the User Content and the name that is submitted in connection with such User Content, as is reasonably necessary to display the User Content, provide the Services and to facilitate, at Content Owner's direction, the license of Photos or the sale of Products on the Site.

We're adding asap also to this page, an RSS feed button and also correcting the date modified, to March 26, 2009.

Thanks all for being so concerned, and for pushing for better, clearer, easier to understand terms.

Markjay

And digital download license text next?
You did a great job making that very clear and easy for all to understand.

Now: whats the status of changing the commercial licensing for DDownloads? Or do I remember you stating we'd be able to customize this text?

TIA,
Markjay

Andy wrote:

They're live now:

http://www.smugmug.com/aboutus/terms.mg



We're adding asap also to this page, an RSS feed button and also correcting the date modified, to March 26, 2009.

Thanks all for being so concerned, and for pushing for better, clearer, easier to understand terms.

Andy

Markjay wrote:

Now: whats the status of changing the commercial licensing for DDownloads? Or do I remember you stating we'd be able to customize this text?

TIA,
Markjay

One day in the future, but I can't say when.