Copyrights and Terms Of Service

An article from the Sunday’s New York Times Fine Print Blurs Who’s in Control of Online Photos revisits the social media sharing vs. privacy debate. Creative materials, in this case photos, are copyrighted when they are produced, so what gives the World Entertainment News Network the right to SELL your photos? Or “to pursue legal action against those who use such images commercially without its permission”? Do you transfer your rights when you post a photo to an online site?

In reality, I imagine few people actually read any “Terms Of Service” before agreeing to them. Pages of legal jargon makes most folks eyes glaze over, and the idea that anyone would even want to sell the photo you posted of Aunt Ethel taken at your cousin’s wedding seems ludicrous. But for professional photographers, especially when the primary subject of their work is celebrities, this is a very real threat to their livelihood.

Since you are agreeing to the “Terms Of Service” make sure you read them first. Esp. the part where they reserve the right to change the TOS without notice. If this subject interests you, you may also want to read Carolyn E. Wright’s blog about legal issues relating to photography; Ms. Wright is both a full-time attorney and a professional photographer.

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