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SolracSelbor

macrumors 6502
Original poster
Nov 26, 2007
326
0
As of Mar 27, 2008

Adobe terms of service for Photoshop express, which is a new photosharing site like flickr, smugsmug, or deviantart, has stated the following on its terms of service: (From cnet.com, click here for original review)

"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.


In comparison, even Flickr's (now Yahoo's) TOU will relinquish its claim on your photos if you unregister from the site or make what was once public private. But "perpetual" and "irrevocable"? I'm going to give Adobe the benefit of the doubt and assume someone forgot to put the choke collar on the lawyers, letting something this heinous undesirable slip through. But I suggest avoiding making any albums public until this is changed. I'll update once I get some feedback from Adobe."
-source: Cnet.com


This means that if your photos are set to "Public" as opposed to "private" then you automatically give adobe full, nonexclusive, royalty free rights to use your photos is WHATEVER manner they want including to make profit through.
 

benzslrpee

macrumors 6502
Jan 1, 2007
406
26
well...the day my photos are good enough for them to sublicense and so-on...i'll be pretty glad :D
 

jerryrock

macrumors 6502
Sep 11, 2007
429
0
Amsterdam, NY
"You have to read the rest of the terms:

"“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."

If you post in a public area, you are giving away your rights.

This is not stating that your stored images are property of Adobe. They are giving you 2gigs of storage space and online editing capability for free with the beta version.
 

eddx

macrumors regular
May 12, 2005
231
0
Manchester, UK
And that's why I don't put my photos on Facebook or other online site other than my own website where I have total control. Does anyone know if Flickr has a similar terms of service because I want to put some of my best photos on there but am holding back for this reason?

Adobe needs to sort out this problem as soon as possible.
 
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