Unfriendly Clauses For User Generated Content Submissions

Unfriendly Clauses For User Generated Content Submissions

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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.

Clause Type:

For:

  • User Generated Content Submissions
  • Photographers

link to this example

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.

Except as otherwise provided by the Brightcove Privacy Policy, with respect to any Content posted by you on, to, or through Brightcove or the Services, you grant Brightcove a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Services and to publish and promote such Content elsewhere within Brightcove and the Services. Such license shall apply with respect to any form, media, or technology now known or later developed.

Clause Type:

For:

  • User Generated Content Submissions

link to this example

Brightcove is an internet site that allows users to launch their own television channel. In return, Brightcove gets the perpetual non exclusive right to make any kind of use of the material the user posts. Britecove can edit the material, post it on its site or its affiliated sites, transmit it, and adapt it to new media, all without paying the user.

[Party 1] does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas, opinions, and other materials ("Member Content") you post, store, or exchange through the [party 1] Site or Software; you continue to retain all ownership rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not [party 1], are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or Software, or on the Network or Web. To the extent that [party 1] provides you with an opportunity to post, store and exchange Member Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, [party 1], its contractors, and the users of the [party 1] Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the [party 1] Site or Software. This license does not grant [party 1] the right to sell Member Content or otherwise distribute it outside of [party's] Site and Software.

['Party 1'] is a website that enables musicians, photographers, and creators of video to promote their works on the internet. This license allows the non paid use of any materials the user uploads, forever and for the whole world. The contract also allows [party 1] and its users to alter or modify the posted work, and to incorporate it into other works. The license does not premit [party 1] to sell the works or distribute the material outside of its website, but it appears that members who use the site can download and exploit the material. It appears that the grant of rights persists even after the material is no longer on the website.