Photoshop Express: Rights and Wrongs

Friday, May 30th, 2008

The web-based economy is bizarre. In the real world you naturally expect to pay for products and services, but out in the virtual world everything has to be free. It’s the world’s biggest all-you-can-eat buffet, in which the browser can gorge themselves day-in and day-out for absolutely nothing. And woe betide the naive web-based developer who breaks the unwritten rule and suggests that they might like something in return.

This point hit home recently when looking at the mini-storm that broke out regarding Adobe’s new Photoshop Express service. Like everything else on the web signing up for Photoshop Express is free – at least for the first 2GB of storage space. However, the original terms and conditions made it clear that by posting to the public galleries you were granting Adobe a “worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, derive revenue or other remuneration from… such Content.” (terms since entirely rewritten)

Like everyone else my original reaction was horror. They’re planning to sell on my photos! How dare they? All that money should be coming to me! Daylight robbery!

But let’s stand back a little… and get real.

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What rights do I have to my photos? #!

Friday, May 23rd, 2008

Recently there’s been a lot of excitement about Adobe’s launch of a free online version of Photoshop, Photoshop Express. However the biggest squeals weren’t of delight and you only have to take a look at the original Terms and Conditions to see why…

8. Use of Your Content. Adobe does not claim ownership of Your Content. However, with respect to Your Content that you submit or make available for inclusion on publicly accessible areas of the Services, you grant Adobe a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, derive revenue or other remuneration from, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other Materials or works in any format or medium now known or later developed.

You don’t have to be a lawyer to see that basically you were handing over your all rights as originator and giving Adobe free rein to make money from your photos however it saw fit!

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