my flickr photostream

Friday, May 13, 2011


Note: I re-posted this, since it seemed to have disappeared from Blogger yesterday while they were having issues. If you've already read it, go ahead and skip it. Nothing new here.

In case you missed the buzz on twitter yesterday, photo hosting/sharing service TwitPic has just updated their ToS. The important bit is here:

You retain all ownership rights to Content uploaded to Twitpic. However, by submitting Content to Twitpic, you hereby grant Twitpic a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Twitpic's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in media Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your media from the Service provided that any sub-license by Twitpic to use, reproduce or distribute the Content prior to such termination may be perpetual and irrevocable.

In other words, TwitPic is saying that anything on their service is fair game to them and any subscribers, copyright be damned. This is the result of a few lawsuits from people who's images got taken from their service and used without permission, most notably the iconic image of the flight that went down in the Hudson river. They wash their hands of it, and want no responsibility in protecting your copyright. They could even license (sell) your images to news corporations or other companies if they wanted to, and you couldn't do anything about it under these terms.

My suggestion? Time to switch to yfrog. Their ToS is much more friendly, no rights grabbing, and they will honor any takedown notice you give them.

If you are an Android user, you can change your default picture sharing service in the official twitter app. Go to Settings -> Photo upload service and select "yfrog." I'm not sure about iPhone users, perhaps one of you can comment here with how to make that change. If the iPhone twitter app doesn't offer anything but twitpic, I suggest finding a 3rd party client that does.

I'm not a huge copyright avenger or anything, but this is a pretty big slap in the face to twitpic users. I settled on yfrog, but if you have any other recommended photo sharing services I'd love to hear about them in the comments.


[title of blog] on flickr

1 comment:

  1. Good to know. And coincidentally, I just read about another ToS change, but this one on FB: you can no longer hold giveaways/contests there. I'm sure due to liability/legal issues as well.