Smugmug license question

jfriend · March 9, 2005

It was pointed out to me today that the smugmug license contains the following clause. This seems a bit vague as to what rights we are granting smugmug when we upload. The restrictive interpretation would say that we're just saying it's OK for smumug to use that content to provide me the service I've asked for. The liberal interpretation would say that smugmug can do just about anything they want with the content in support of their business other than sell the content directly (which would include using it in ads, marketing material, etc...). Any thoughts on what this really means?

"LICENSE GRANTED BY USERS

smugmug does not claim ownership in the photographs, videos or other media created or uploaded by Subscribers ("Media"). smugmug will not resell Media to third parties. Unless we indicate otherwise, if you upload Content, including any Media, to the smugmug site, you grant smugmug a nonexclusive, royalty-free right to publish, distribute and display the Content as we deem appropriate in providing the Services authorized or requested by you, 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."

Andy · March 9, 2005

jfriend wrote:

It was pointed out to me today that the smugmug license contains the following clause. This seems a bit vague as to what rights we are granting smugmug when we upload. The restrictive interpretation would say that we're just saying it's OK for smumug to use that content to provide me the service I've asked for. The liberal interpretation would say that smugmug can do just about anything they want with the content in support of their business other than sell the content directly (which would include using it in ads, marketing material, etc...). Any thoughts on what this really means?

"LICENSE GRANTED BY USERS

smugmug does not claim ownership in the photographs, videos or other media created or uploaded by Subscribers ("Media"). smugmug will not resell Media to third parties. Unless we indicate otherwise, if you upload Content, including any Media, to the smugmug site, you grant smugmug a nonexclusive, royalty-free right to publish, distribute and display the Content as we deem appropriate in providing the Services authorized or requested by you, 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."

it's really just a license so that they can display the photos on your gallery. nothing nefarious going on here

Smugmug license question

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