Clause 31

This clause’s language takes more rights from creators than we think reasonable; it is creator-unfriendly.

CLAUSE TEXT:

By uploading content such as photograph image files, Photographer Member agrees to give BigStockPhoto and all users irrevocable nonexclusive royalty-free rights to use the content for any purpose including publication, display, modification, and creation of derivative works. BigStockPhoto has the right to license any content up until the time Member removes the file from the Website. Once submitted to the Photo Approval Queue, Member may not remove photos from site until after they have been posted for 90 days, regardless of whether the Member chooses to terminate their account. Once content is uploaded to the Photo Approval Queue, Member must allow BigStockPhoto the opportunity to license uses for at least 90 days.

EXPLANATION:

This agency, BigStockPhoto, allows members to upload their photographs on the web. Members must give BigStockPhoto the right to use the image for any purpose; BigStock does not pay the member. The author may remove her photo from the site, but not before 90 days. As long as the picture is posted on the website, BigStockPhoto can create new works using the member's photo.