Twitpic Changes TOS, Claims Copyright on Your Images
May 11th, 2011
The popular Twitter photo sharing tool Twitpic recently updated their Terms of Service, and with the change in language, it now seems that they are claiming copyright license on all images uploaded to the service.
Here’s an excerpt of the changed terms:
. . . by submitting Content to Twitpic, you hereby grant Twitpic a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Twitpic’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
Yes, this means exactly what you think it means – your images now belong to Twitpic, and they can do pretty much anything they want with them.
Even scarier – if you delete an image you’ve uploaded, they may still be able to retain a license to use it as they see fit:
The above licenses granted by you in media Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your media from the Service provided that any sub-license by Twitpic to use, reproduce or distribute the Content prior to such termination may be perpetual and irrevocable.
Now, I am not a lawyer, but as far as I can tell, the new licensing terms apply only to images uploaded on or after May 4, 2011. If you’ve uploaded content since then, you may want to remove it.
As expected, Twitpic received a backlash of angry sentiment, and tried to address it on their blog – but most of the original legalese still stands – they continue to retain the right to sublicense or transfer their license to any other third party.
If you’re looking to find the reason behind these changes, just follow the money trail. This article outlines a deal between Twitpic and news agency World Entertainment News Network (WENN) concerning the licensing of celebrity photos posted to Twitpic. It’s no stretch to think that this deal could expand to include Twitpics of major news events or first-hand accounts, and similar agreements with other media outlets.
So now what? The beauty of Twitpic was that it integrated so well with many popular Twitter clients. A few people are suggesting Posterous as an alternative, as they have a less far reaching licensing agreement which only allows them to use your image for promoting Posterous itself, with no clause to sublicense your image for another use.
One Response to “Twitpic Changes TOS, Claims Copyright on Your Images”
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