Scott Bourne over at Photofocus has a post up today (see link below) warning that Google’s terms of service (TOS) allow them to take full rights discussing the rights Google takes to the photos that users post on Picasa and the upcoming Google+. I looked at what Scott posted and compared it to the text on Google’s TOS page. Scott omitted a couple of key sentences which seems to change the meaning quite a bit. Both are posted below; I’ve highlighted the differences.
What Scott posted:
By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.
You agree that this license includes a right for Google to make such Content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that Google, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Google to take these actions.
From Google’s TOS page, the entire text of “Content license from you” in section 11:
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
You agree that this license includes a right for Google to make such Content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that Google, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Google to take these actions.
You confirm and warrant to Google that you have all the rights, power and authority necessary to grant the above license.
Like Scott I’m not an attorney so I can’t give legal advice and, well, I’m not entirely sure of Google’s intentions here either. It seems to me that Google’s TOS means that they are only taking license to allow the content to be displayed and used within their services. Obviously this could and should be written more clearly, if that is indeed the case.
Link: Google Plus – Read the Fine Print BEFORE You Sign Up at Photofocus.
Ok please point out where I said:
“warning that Google’s terms of service (TOS) allow them to take full rights to the photos that users post on Picasa and the upcoming Google+”
I didn’t say that – so either you deliberately misrepresented me you didn’t read carefully.
I linked to the entire TOS.
My post merely suggested people read the TOS, consult an attorney to see if it impacts them and that I won’t use the service.
Hi Scott, thanks for the clarification.
Note also that the “legal notices” on the Picasa website (which would likely be interpreted as part of the overall agreement) read:
However, I am not a lawyer and this certainly shouldn’t be taken as legal advice. As Jeremy and Scott both advise, consult a lawyer if you have any questions about posting photos and want to be sure…
After recently publishing a Photography photo on Google+, a friend was kind enough to link to Scott’s article. Another G+ user then linked to this article which responded in kind and, to my understanding, Google is allowing us to retain the rights of our content, but will be using it on their advertising of the service? Is this correct?
That seems to be how it’s being interpreted. A related issue, though, is that Google seems to be enabling sales of user photos by default. Ugh.