Twitpic makes deal with news agency to sell users' uploaded photos
1–10 of 38 posts
Re: Twitpic makes deal with news agency to sell users' uploaded photos
#2Without the user's consent (and their share of the royalties)? Regardless of their TOS, how would that stand in a court of law?
Re: Twitpic makes deal with news agency to sell users' uploaded photos
#3Without the user's consent (and their share of the royalties)? Regardless of their TOS, how would that stand in a court of law?
The user agreed to assign all rights to the image when uploading the image. Any user suing to the contrary would have to say they didn't really agree. More interesting is when some user uploads a photo they found elsewhere, to which they don't have the copyright.
Re: Twitpic makes deal with news agency to sell users' uploaded photos
#4Without the user's consent (and their share of the royalties)? Regardless of their TOS, how would that stand in a court of law?
The user agreed to assign all rights to the image when uploading the image. Any user suing to the contrary would have to say they didn't really agree. More interesting is when some user uploads a photo they found elsewhere, to which they don't have the copyright.
What if there are consumer protection issues (which clearly there will be here)? The terms are not binding then.
Example: The purpose of the app is different now than it was when they signed up
Re: Twitpic makes deal with news agency to sell users' uploaded photos
#5Gentleman, fire up your photoshops. Who can get the most outrageously fake photos onto wenn.com via twitpic?
Re: Twitpic makes deal with news agency to sell users' uploaded photos
#6Without the user's consent (and their share of the royalties)? Regardless of their TOS, how would that stand in a court of law?
The user agreed to assign all rights to the image when uploading the image. Any user suing to the contrary would have to say they didn't really agree. More interesting is when some user uploads a photo they found elsewhere, to which they don't have the copyright.
Do you have to agree anything to upload? The official Twitter iOS app lets you upload photos to twitpic and I don't think you need to create an account or anything.
Re: Twitpic makes deal with news agency to sell users' uploaded photos
#7Without the user's consent (and their share of the royalties)? Regardless of their TOS, how would that stand in a court of law?
The user agreed to assign all rights to the image when uploading the image. Any user suing to the contrary would have to say they didn't really agree. More interesting is when some user uploads a photo they found elsewhere, to which they don't have the copyright.
I am not a lawyer but I know that a contract has to be fair and obey other laws to be valid.
Re: Twitpic makes deal with news agency to sell users' uploaded photos
#8I'm trying to imagine a scenario where I post a pic, they sell it in one of their publications, then sue when someone else also uses it. I think it sounds ridiculous, but isn't this one of those legal scenarios were it's possible but not probable? No, I'm still not happy about the principal of it.
Re: Twitpic makes deal with news agency to sell users' uploaded photos
#9I don't think I ever agreed to a TOS. I upload using an API client.
Re: Twitpic makes deal with news agency to sell users' uploaded photos
#10I'm trying to imagine a scenario where I post a pic, they sell it in one of their publications, then sue when someone else also uses it. I think it sounds ridiculous, but isn't this one of those legal scenarios were it's possible but not probable? No, I'm still not happy about the principal of it.
When you say "someone else", do you mean you?