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  1. #1
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    Fishy rights on Blogspot : Read if you have a blog

    i'm not sure if this is a known fact within the community but i thought i'd share...

    i was just about to put up some images on a blog i created using blogspot.com and i decided what the hay, lets actually read the terms and conditions, and i came across this doozy

    Your Rights

    Google claims no ownership or control over any Content submitted, posted or displayed by you on or through Picasa Web Albums. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Picasa Web Albums and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Picasa Web Albums, you grant Google a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content through Picasa Web Albums, including RSS or other content feeds offered through Picasa Web Albums, and other Google services. In addition, by submitting, posting or displaying Content which is intended to be available to the general public, you grant Google a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content for the purpose of displaying, distributing and promoting Google services. Google will discontinue this licensed use within a commercially reasonable period after such Content is removed from Picasa Web Albums. Google reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

    unless my "legal-ease" is rusty, i gleaned that basically by using picasa web albums, you basically give Google free reign to use your images however it sees fit with no obligation (compensation) to you. if you've got a blog and are using Picasa to host your images, you may want to think twice about keeping them there.


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  3. #2
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    Deviant Art and Photobucket have a similar clause in their TOS too, and I'm sure if you look at any image sharing or gallery you'll find the same clause in there. Generally they use this clause as a means to protect them when it comes to reposting your work through the website, like say making thumbnails linking back to your work. You don't make those thumbnails, they do in order for your work to fit their site template. I'm sure there are other reasons, maybe some one can give a little more info.

  4. #3
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    I don't know of any cases where anybody has been taken advantage of. If there have I'd like to see them. But over all I think the goog has been tossing straight dice.

  5. #4
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    Pretty much as said, that clause is rather common and is used to cover their ass for making thumbnails of your images for display. For example, without such a clause DeviantArt might be said to be infringing upon ownership rights with all of the thumbnails they have of member images on the frontpage.

    The degree to which this terms and conditions clause holds water in the law is, as far as I know, unknown and untested. No case has made it to court regarding the legal strength of these online clauses, so no one is entirely sure if a dispute did go to court if the judge would rule that the member did in fact give away ownership rights via agreement to the clause or that such a clause is bullshit and the website is guilty of infringement of the member's ownership rights.

    As such, there's some degree of disincentive for legalese shenanigans with this clause since no company want's to run the risk of their online terms and conditions being completely shot down. Besides, as Raoul Duke mentioned, Google's got a reputation for tossing straight dice. So if anybody's gonna play dirty with that clause it won't be Google, they've got too much riding on their good rep to play around with that.
    -My work can be found at my local directory thread.

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  7. #5
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    It needs to be fairly open to allow them to create new formats of distribution, such as the mobile phone market. As others have mentioned, it's in their best interest to play fair. If they do something fishy, and a large portion of their user base pulls their content, then Google looses a chunk of it's appeal. The potential loss is greater than it's potential gain, if you assume that any improper useage can simply be asked to be removed, and they would have to oblige.

  8. #6
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    if your only posting low res stuff i doubt it will matter its not like they are gonna make a billboard from a 500 x 500 pix image.

    but personally if i have something so awesome i dont want it stolen i just dont post it online

    and really if your so awesome your worried google might steal your stuff i think its time you got your own website
    Www.facebook.com/anthonycareyartworks I'm between personal websites.

  9. #7
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    well, after posting this and doing some nosing around on different blog sites, i went on Wordpress and their TOS is similar to the aforementioned Google/Picasa TOS with the exception that wordpress will only use the "royalty free license" to promote your blog, as opposed to, like Google also being allowed to use images hosted on their space for their own ends if they choose.

    By submitting Content to Automattic for inclusion on your Website, you grant Automattic a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Automattic will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    wordpress seems a bit more "on your side" if you will. i ended up using that.

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