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March 21, 2009
Question

Protecting our Copyright from being Misappropriated.

  • March 21, 2009
  • 58 replies
  • 5699 views
Before anyone posts ANY image in the New Forums, it is essential that they re-read Adobe's TOS and particularly the wording (and implications) of Clause 8.

Adobe has given themselves the power to purloin any "Content" posted or displayed on their web sites (meaning our original art and photographs) for ANY purpose, anywhere, and in perpetuity

Adobe's Legal Department need to address this matter with some urgency because the risk of loss of Artists' Rights is already damaging participation in some Forums severely:

The Photography Forum is one example as shown in these threads:

http://www.adobeforums.com/webx/.59b85627/

Wade Zimmerman, "So is the photography forum dead or grasping for its last breath?" #, 19 Mar 2009 12:27 pm
    This topic has been closed for replies.

    58 replies

    March 26, 2009
    Don't you go correcting our Pj Bob.

    He knows stuff! ;)
    Inspiring
    March 26, 2009
    PjonesCET wrote:
    >Anything you say or do on the internet, once published on the internet, is in the public Domain period.

    I think that is utter nonsense. Sorry, but I don't know any other way to phrase my comment.
    PJonesCET
    Participating Frequently
    March 26, 2009
    The Internet is not covered under copyright.

    To prove it type your name - example James T Kirk - into Google. I know my niece at college, being bored one day, typed my name in. There were pages and pages of links. The only way is be on a secure server (newsgroup- secnews) or on a system that is authenticated. I don't know if the webx or even the new system qualifies as authenticated or not.

    Anything you say or do on the internet, once published on the internet, is in the public Domain period.

    The only way images can be prevented from being copyied is to set website so that they can't be copied once uploaded even by adobe corporate.

    I could go to any site Not setup correctly and drop an image on to my desktop. I don't do it, because I believe that is stealing. I have some ethics.
    Known Participant
    March 26, 2009
    The legal beagles could come up with something along the lines of "Copyright of images posted within discussions remains with the creator, but posting of images within discussions will be considered implied consent from the copyright owner for Adobe to make use of said image in any forum-related manner it chooses.

    Does that seem to cover it, Ann?

    Edit: Thinking about it, one would really want to extend that from images to the text part of messages as well. With the exception of short one liners, text messages, tips, etc., should be covered by copyright just as much as the images are.
    March 25, 2009
    Adobe would do well to model their revised TOS on the one used here:
    http://www.dpreview.com/misc/copyright.asp

    DPR's terms are clearly stated and differentiate between articles and illustrations/photographs which are posted by DPR themselves (in their articles and product reviews); and the material that is posted by participants in their Discussion Forums.

    The property of each group is covered, and protected, separately.

    >All text, design, layout and graphics* (unless otherwise noted and excluding messages posted on the discussion forum) on this website are (c)1998-2009 Digital Photography Review a website owned by dpreview.com Limited.

    DPR's terms seem to me to be eminently fair to both sides and I would be interested in the re-actions of other professional Artists and Photographers who contribute to the Adobe Forums.

    John might like to draw the attention of Adobe's Legal Department to the DPR Terms.
    March 24, 2009
    Fair enough!

    And it really doesn't matter who said what first because the subject has had a thorough airing and it seems that Adobe will now provide the clarification which is so important to us all.

    :)
    Participating Frequently
    March 24, 2009
    Aha! The jury will disregard my comments...
    March 23, 2009
    Really?.

    Purely in the interests of accuracy; and not because it really matters a damn who first raised the issue as long as Adobe corrects the situation:

    http://adobeforums.adobe.com/message/1616081#1616081
    Ann Shelbourne:
    Mar 16, 2009 9:09 PM
    >The inability to use Pixentral will finish the Photography Forums no photographer is going to risk losing copyright to Adobe by posting directly into these Forums and the permitted image size is too small here for serious discussions about Photography anyway.

    -----------
    http://adobeforums.adobe.com/message/1616096#1616096
    John Cornicello:
    >Please give me the lines in the User Agreement you are questioning and I will follow up with Legal on that.

    --------------
    http://adobeforums.adobe.com/message/1616107#1616107
    Ann Shelbourne:
    Mar 16, 2009 9:49 PM in response to: John Cornicello
    Re: Go to Jive's own forum. What do you like and dislike?
    This paragraph in the Terms of Use is one of the ones that should definitely concern Photographers:

    8. Use of Your Content.

    ----------------
    http://adobeforums.adobe.com/message/1616516#1616516
    Mar 18, 2009 5:00 AM
    Mark Boyd:
    >I am really curious. Have you just granted Adobe "a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your Content (in whole or in part) and to incorporate Your Content into other Materials or works in any format or medium now known or later developed." as per section 8a of the Terms of Use?
    Participating Frequently
    March 23, 2009
    The issue was first raised by Mark Boyd in the preview area of the new forum.
    March 23, 2009
    Learning has occurred.

    We shall see on the final wording.

    I recommend the OP receive a free "Let those who ride decide" bumper sticker.