YouTube, Google, Yahoo and AOL own what you do
Thanks to the ever wise ITP list for calling attention to this important topic, as it relates to YouTube. As the blog post from the creators of I/ON, contributed to the list by Xinroman, states, YouTube only broadcasts its video in flash video format, which makes it relatively difficult for people to steal the content for purposes outlined in the license agreement. However, it still doesn't change the fact that as a YouTube user, you are giving up certain rights. I did a little digging and found that google, yahoo and AOL video also retain quite extensive rights over your uploaded video content. Even eyespot has a long explanation of the amount of rights you waive when contributing content to their site, although they hide it behind the premise that eyespot is a video mixing community.
With fear in my heart, I signed on to flickr to check what rights I have been waiving to my photographs without even knowing it. Even though they are part of yahoo, they seem to have a little bit more of a flexible agreement (or maybe yahoo is just more adept at making things confusing). It seems that you own your photographs but that if they are public, yahoo can use them for promotional and other purposes.
Much respect to radar, who seem to specify that privacy is their number one concern. No where do they state that they own anything or that you are giving up any rights to your media. But we'll see if this changes once they have a larger user base.
(continue reading this post for highlighted portions of all these 'terms of service' agreements)
I'm not sure how I feel about giving up my rights to my media. I am all for creative commons and opensource material (I've downloaded a few pictures from flickr that weren't my own for certain non-commercial purposes). But it is kind of scary to me that many people DO NOT read the terms of service, such as myself, and may therefor be contributing content that they would not want to end up on some DVD making money for whatever coporate giant they uploaded to. Considering that there are places that do not retain rights to your content, the best advice is to read about what you're submitting to. Or, if you really don't care (which many people seem not to) don't be surprised when something you made ends up somewhere you never intended it to.
Selection from Google Video agreement:
2. Your Content. After entering into this Agreement, You may
designate content for hosting and display to end users (i) by
uploading such content directly to Us, by sending copies of Your
content to Google at the address located at
www.google.com/corporate/address.html, Attention: Google Video
Upload Program, in a format designated by Google, or to such
other address as designated by Google, and/or by otherwise
making such content available to Us; and (ii) by providing
additional information about Your content in the form provided
online when You upload Your content and/or by submitting a
completed metadata form as provided by Google to You (each, a
"Metadata Form") to Google at video-partner@google.com. All
content so designated by You and contained within or provided by
You in association with such content, including but not limited
to all images, closed captioning, metadata and music, is
referred to collectively as "Authorized Content." Google shall
have no obligation whatsoever to return any materials delivered
to it for uploading under this Agreement.
3. Use of Content. By entering into this Agreement and
uploading, sending or otherwise making available Your Authorized
Content to Google, you are directing and authorizing Google to,
and granting Google a royalty-free, non-exclusive right and
license to, host, cache, route, transmit, store, copy, modify,
distribute, perform, display, reformat, excerpt, facilitate the
sale or rental of copies of, analyze, and create algorithms
based on the Authorized Content in order to (i) host the
Authorized Content on Google's servers, (ii) index the
Authorized Content; (iii) display, perform and distribute the
Authorized Content, in whole or in part, in the territory(ies)
designated in the Metadata Form, in connection with Google
products and services now existing or hereafter developed,
including without limitation for syndication on third party
sites; and in connection with each of the uses, if any, of the
Authorized Content authorized in the video information page (the
"Video Information Page") which will be made available to You no
sooner than at the time Google enables any of the features
designated on the Video Information Page This license gives
Google the right to display Your Authorized Content via
streaming and/or downloading technologies, and to display
limited excerpts of Your Authorized Content for no fee to the
end user. Google may in its sole discretion display a link or
links to the website You designate (subject to Google's
approval) in the Metadata Form in connection with any display of
Your Authorized Content, and to display links to third party
commercial retailer web sites where purchases of the Authorized
Content may be available, to the extent such third party
commercial retailer web site serves as a distributor of the
Authorized Content. You expressly agree that any and all links
provided by You shall function properly and effectively to allow
end users to transfer immediately to the intended and indicated
site(s), and that You are solely responsible for maintaining and
updating as necessary any such links. Failure to do so may
result in immediate termination without notice to You. Unless
You specify otherwise in the Video Information Page, Google
reserves the right to display advertisements in connection with
any display of Your Authorized Content. Notwithstanding the
foregoing, Google is not required to host, index, or display any
Authorized Content uploaded or otherwise provided to Google, and
may remove or refuse to host, index or display any Authorized
Content. Google is not responsible for any loss, theft,
intellectual property infringement or damage of any kind to the
Authorized Content.
4. Promotional License, Brand Features, Publicity. You hereby
grant Google a non-exclusive, world-wide, royalty-free license
to use Your name and logo ("Brand Features"), in connection with
Your Authorized Content, and to use limited excerpts from Your
Authorized Content for advertising or promotional purposes,
including without limitation the right to publicly display,
perform, reproduce and distribute such excerpts and Brand
Features on the Internet and in presentations, marketing
materials, customer lists, financial reports and Web site
listings of customers. If this Agreement is terminated, Google
may continue to use such excerpts and Brand Features in printed
(versus "online") materials that are in existence as of the date
of termination until such materials are depleted or are
redesigned, whichever comes first.
SUBMISSION OF VIDEO CONTENT TO YAHOO!
You retain ownership to the Video Content You submit for inclusion into the Yahoo! Video Service. However, by submitting Your Video Content to Yahoo!, You hereby grant Yahoo! the following worldwide, royalty-free, non-exclusive, sublicensable and transferable rights and licenses:
a. to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the Video Content to appropriate media formats, standards or mediums as part of the Yahoo! Video Service;
b. to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the Video Content on the Yahoo! Video Service or on any Yahoo! property, including in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and
c. to use Your Video Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute Your Video Content in any media format or medium and through any media channels.
By submitting Your Video Content for inclusion into the Yahoo! Video Service, you also grant the following use of and rights to Your Video Content to others: (i) the non-exclusive license to access Your Video Content through the Yahoo! Video Service; (ii) the ability for Yahoo! registered users ("Yahoo! Users") to rate, review, comment on and tag Your Video Content; (iii) the ability to embed Yahoo!'s video player with Your Video Content on their web site; (iv) the ability for Yahoo! Users to send and distribute Your Video Content via E-mail or Instant Messenger; (v) the ability to access Your Video Content via Yahoo!'s web service APIs or via RSS or any similar XML or related feeds; and (vi) the non-exclusive license to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform Your Video Content as permitted through the functionality of the Yahoo! Video Service and under these Additional Terms and the TOS.
Selection from AOL video agreement:
By submitting a video through this feature (the "Content"), you hereby grant AOL LLC, its affiliates, subsidiaries, assigns, licensees and legal representatives ("AOL") the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon and promote the Content (as such may be edited and modified by AOL in its discretion), or any portion thereof, through the AOL brand service and any other other products or services as AOL may designate, and any other web sites not designated by AOL, in any medium now known or hereafter devised, online or offline and by any means of delivery, for editorial, commercial, promotional and all other purposes. You acknowledge and agree that the Content may be shown on any web site, whether within or outside the AOL service. AOL is not obligated to include the Content in this or any program, and AOL reserves the right to remove the Content for any reason at its sole discretion. In addition, AOL cannot guarantee that technical difficulties will not occur during the upload of the Content or that the Content will upload successfully.
While you retain ownership of all right, title, and interest in the Content itself, you agree that AOL owns all right, title, and interest in any compilation, collective work, or other derivative work created by AOL using or incorporating the Content. You represent and warrant that (i) the Content does not and shall not infringe on any copyright or any other third-party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including, without limitation, all necessary copyright and other related rights to the Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity.
Flickr Agreement
Yahoo! does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Yahoo! the following worldwide, royalty-free and non-exclusive license(s), as applicable:
* With respect to Content you submit or make available for inclusion on publicly accessible areas of Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Yahoo! Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Yahoo! removes such Content from the Service.
* With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Yahoo! removes such Content from the Service.
* With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Yahoo! Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Yahoo! network of properties that are intended by Yahoo! to be available to the general public. By way of example, publicly accessible areas of the Service would include Yahoo! Message Boards and portions of Yahoo! Groups, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Yahoo! Groups that are limited to members, Yahoo! services intended for private communication such as Yahoo! Mail or Yahoo! Messenger, or areas off of the Yahoo! network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Yahoo!
Radar
Radar takes your privacy seriously
* Only your Radar friends will be able to see your nickname, real name, and email address. We won't share this or any other personal information with anyone else.
* Nobody can "look you up" on Radar. To send you an invitation, your friends must ALREADY know your mobile number or email address.
* We won't send you promotional or marketing email or text messages. We won't ever call your mobile number. And we'll never sell your personal information.
Eyespot
GRANT OF RIGHTS
eyespot is a remixing community. Therefore, eyespot requires that you grant it the appropriate rights to support mixing and remixing of your media with other media. There are also certain rights needed to allow you to mix and remix your content with "paid-for" or "premium" content. The following license grant covers the community's remixing needs.
You grant eyespot a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, license to do the following with any and all content in all forms and media now known or hereafter developed, that you upload to the Services, or otherwise provide to eyespot (collectively "Your Content"):
1. reproduce, use, create derivative works based upon, publish, publicly perform, publicly display, transmit, and/or otherwise exploit Your Content,
2. create derivative works based upon Your Content, and
3. The rights under this license apply to eyespot and its affiliates, successors, assigns, end-users, licensees and sublicensees.
A right, primarily honored in Europe that protects a creator (and his or her heirs) against distortions of the work and its attribution, is outlined below. This helps protects users in the eyespot mixing community and is addressed with the following:
You irrevocably waive any and all "moral rights" that you may have in any of Your Content, including but not limited to the rights of paternity or integrity, and rights to claim authorship in relation to any of Your Content, or in any other works or content in which it is incorporated. eyespot does not currently support an eMarket whereby you as a user of the Service can charge for Your Content. If/when eyespot does offer this additional service, our terms of use will change to support it. However, currently if the user were to benefit from remuneration from subscriptions or sales of Your Content title-by-title, eyespot and the user may have to pay royalties to others (e.g. MPEGLA). Due to this, eyespot requires the following waiving of rights:
You expressly and irrevocably waive any rights to receive any fees of any kind (including without limitation public performance fees if applicable, and any share of advertising revenue of any kind received by eyespot in connection with the Services or otherwise), for use of Your Content as set forth in this Agreement