Sometimes it's best to look a gifthorse in the mouth....

I got an email on Flickr which rather excited me. It was from a website wanting to use one of my pictures to accompany a news story. Again, it was my picture “A light in the darness” (that picture really has been doing well! Who would have thought a simple gas stove would be so well received!).

Anyway, the site in question is Now Public

I was initially just going to accept this, thinking ooo this is rather exciting and cool! But decided I had better read their terms and conditions as I had read on Flickr about other people being screwed over by similar things.

I’m really glad I did! The bit in the terms that shocked me was this:

By submitting Your Content to NowPublic, You automatically grant, and You represent and warrant that You have the right to grant, to NowPublic and its licensees an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable and worldwide licence to reproduce, copy, publicly perform, publicly display, publish, reformat, translate, excerpt (in whole or in part), distribute, prepare derivative works (including collections) of, incorporate into other works and otherwise use and exploit Your Content in connection with the Site and NowPublic’s (and its successors’ and affiliates’) business, including, without limitation, for promoting, advertising and redistributing part or all of the Site and derivative works thereof in any media formats and through any media channels, and to grant and authorize sublicenses of the foregoing. You also hereby grant each user of the Site a non-exclusive licence to access Your Content through the Site, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Site and under these Terms of Service. You may remove Your Content from the Site at any time. If You choose to remove Your Content, the above licences granted by You in Your Content will automatically expire within a commercially reasonable time after You remove or delete Your Content from the Services; however, You acknowledge that NowPublic may retain, but not display, distribute or perform, archived copies of Your Content that have been removed or deleted.

So basically they are saying that I give them a non exclusive, perpetual, royalty free license to my photo which they can then use for whatever they want and could essentially use to make money from. As well as allowing all users from the site access to my photo, for free, to do with as they like. And not only that, even if I delete it, they keep the shot and the license I gave them will not immediately expire, but in a commercially reasonable time (allowing them more time to make money from it!).

So I declined the offer and told them not to offer me future ones. I wrote this journal as a warning to you all to make sure you read the terms and conditions offered BEFORE accepting offers. Yes it’s flattering and very exciting, but at the end of the day, I don’t want to be taken for a ride!

Journal Comments

  • Mark Tull
  • George Parapadakis ARPS (monocotylidono)
  • Ursula Rodgers
  • TickerGirl
  • Victoria Kidgell
  • Kory Trapane
  • Victoria Kidgell
  • Kory Trapane