Discussion
You may not have seen that the purchase by Car Guru's has been completed.
There's a thread in GG. https://www.pistonheads.com/gassing/topic.asp?h=0&...
However look closely at the all new ' revised' T&C's at the bottom of each page..
Specifically this section :
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant PistonHeads and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant PistonHeads and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, and to grant the licenses granted herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant PistonHeads the right to pursue at law any person or entity that violates your or PistonHeads’ rights in the Content or breaches of these Terms and Conditions.
Reads like a rights grab, worded like a rights grab. Post your pictures and you might as well give them away.
There's a thread in GG. https://www.pistonheads.com/gassing/topic.asp?h=0&...
However look closely at the all new ' revised' T&C's at the bottom of each page..
Specifically this section :
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant PistonHeads and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant PistonHeads and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, and to grant the licenses granted herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant PistonHeads the right to pursue at law any person or entity that violates your or PistonHeads’ rights in the Content or breaches of these Terms and Conditions.
Reads like a rights grab, worded like a rights grab. Post your pictures and you might as well give them away.
Further down the same page:
"Rights to User Content
Content submitted by users will be considered non-confidential and PistonHeads is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, PistonHeads reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. PistonHeads is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to PistonHeads. PistonHeads shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by PistonHeads or its licensees or sublicensees, successors and assigns; (c) you forever irrevocably waive in favor of PistonHeads and its successors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release PistonHeads, and its licensees, successors and assigns, from any claims that you could otherwise assert against PistonHeads by virtue of any such moral rights."
Specifically regarding photographs (since this thread is in the P&V section), I wonder how this applies to photos linked in here from the likes of Flickr etc. - does that constitute "submission of content" as described here, meaning that PH now can take that and do as they wish, or not?
"Rights to User Content
Content submitted by users will be considered non-confidential and PistonHeads is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, PistonHeads reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. PistonHeads is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to PistonHeads. PistonHeads shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by PistonHeads or its licensees or sublicensees, successors and assigns; (c) you forever irrevocably waive in favor of PistonHeads and its successors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release PistonHeads, and its licensees, successors and assigns, from any claims that you could otherwise assert against PistonHeads by virtue of any such moral rights."
Specifically regarding photographs (since this thread is in the P&V section), I wonder how this applies to photos linked in here from the likes of Flickr etc. - does that constitute "submission of content" as described here, meaning that PH now can take that and do as they wish, or not?
8bit said:
Further down the same page:
Specifically regarding photographs (since this thread is in the P&V section), I wonder how this applies to photos linked in here from the likes of Flickr etc. - does that constitute "submission of content" as described here, meaning that PH now can take that and do as they wish, or not?
I would believe so as that's content. Realistically if they were being above board on this they would have had T&C's similar to Flickrs where content providers provide Flickr a licence to use in order to provide the Flickr service and the flickr service only. PH/CG want to have their cake and eat it.Specifically regarding photographs (since this thread is in the P&V section), I wonder how this applies to photos linked in here from the likes of Flickr etc. - does that constitute "submission of content" as described here, meaning that PH now can take that and do as they wish, or not?
Nothing obviously new or unusual in those as far as I can see. Very much standard for any website publishing user generated content.
perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display,
This part is basically the catch all to cover them for how the web works. Yes I suppose it could be abused but what can't.
perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display,
This part is basically the catch all to cover them for how the web works. Yes I suppose it could be abused but what can't.
If you're happy to give away your rights by posting images on PH to anyone who they seem fit for any reason they want them- crack on.
I gave the example of Flickrs T&C - says exactly what they're going to do with it; no more, no open opportunities and no giving away to people they want to.
I gave the example of Flickrs T&C - says exactly what they're going to do with it; no more, no open opportunities and no giving away to people they want to.
Gassing Station | Photography & Video | Top of Page | What's New | My Stuff