OP©P

Organisation for Photographers Copyright Protection UK

‘Free’ Online Photoshop

By Admin • Apr 2nd, 2008 • Category: Features, License Grab

Hey, sounds great doesn’t it, Adobe have launched ‘Photoshop Express’

In a few easy clicks Photoshop Express empowers anyone to make standard edits, such as removing blemishes and red-eye, converting to b&w, cropping and resizing and much more.

Impressive!

Photoshop Express allows users to store up to 2 gigabytes of images online for free, make edits to their photos, and share them online in creative ways, including downloading and uploading photos from popular social networking sites like Facebook.

Impressive!

It’s just forgot to mention:

8. Use of Your Content.
1. Adobe does not claim ownership of Your Content. However, with respect to Your Content that you submit or make available for inclusion on publicly accessible areas of the Services, you grant Adobe a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, derive revenue or other remuneration from, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other Materials or works in any format or medium now known or later developed.

Not so impressive!

Adobe revolutionizes how the world engages with ideas and information - anytime, anywhere and through any medium.

At least they have a sense of humour!
The term ‘There’s no such thing as a free lunch’ comes to mind.

[Amended]
It also seems that:

3. Sharing Your Photos:
….and recipients may in the future be able to share Your Content with others, add Your Content to their own accounts, and make photographic prints of Your Content…..

So having to have unspecified advertising rammed down your throat (with as Adobe say ‘…you are not entitled to any compensation for any such advertisements….’ ?) and apparently FaceBook and Flickr can be accessed/shared from the site, not sure it’s detailed enough information if it includes any of these services?

10. Advertisements.
1. You agree that Adobe may display Adobe and/or third party paid advertisements and other information adjacent to or included with the Services and adjacent to or in connection with Your Content and that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of advertising by Adobe on the Services are subject to change without specific notice to you.

Statement for Terms of Service Issues:
We’ve heard your concerns about the terms of service for Photoshop Express beta. We reviewed the terms in context of your comments - and we agree that it currently implies things we would never do with the content. Therefore, our legal team is making it a priority to post revised terms that are more appropriate for Photoshop Express users. We will alert you once we have posted new terms.

Thank you for your feedback on Photoshop Express beta and we appreciate your input.

-Adobe Photoshop Express Team 27.03.08

Let’s see shall we.

*Amended 6th April 2008

Adobe have now changed the T&Cs for Photoshop Express:

6. Use of Your Content
This section hereby replaces Section 8(a) (“Use of Your Content”) of the General Terms.

a. By Adobe
Adobe does not claim ownership of Your Content. However, we do need certain rights from you, with respect to Your Content, in order to operate the Service and in order to enable you to do all the things this Service affords you the ability to do. Therefore, with respect to Your Content, you grant Adobe a worldwide (because the internet is global), royalty-free (meaning we do not owe you any money), nonexclusive (meaning you are free to license Your Content to others) fully sublicensable (so that we can permit our affiliates, subcontractors and agents to deliver the Service on our behalf) license to use, reproduce and modify Your Content solely for the purposes of operating the Service and enabling your use of the Service. With respect to Your Shared Content, you additionally grant Adobe the rights to distribute, publicly perform and publicly display Your Shared Content (in whole or in part) for the sole purposes of operating the Service and enabling your use of the Service and to sublicense Your Shared Content to Other Users subject to the limitations of Section 7 below. These limited licenses do not grant Adobe the right to sell or otherwise license Your Content or Your Shared Content on a stand alone basis. Further, you may terminate Adobe’s right to distribute, publicly perform and publicly display Your Shared Content by making it no longer shared. You may terminate the remainder of Adobe’s rights by removing Your Content from the Service. (Detailed instructions on how to do these things can be found at http://www.adobe.com/cfusion/webforums/forum/messageview.cfm?forumid=74& catid=684&threadid=1351324&enterthread=y). Upon removal of Your Content from the Service or upon making Your Shared Content no longer shared, Adobe shall have a reasonable time to cease use, distribution and/or display of Your Content. However, you acknowledge and agree that Adobe shall have the right to keep archived copies of Your Content.

b. By Other Users
You hereby grant Other Users a worldwide (because the internet is global), royalty-free (meaning that Other Users do not owe you any money), nonexclusive (meaning you are free to license Your Content to others) license to view, download, print, distribute, publicly perform and publicly display Your Shared Content subject to the limitations in Section 7. If you do not wish to grant these rights in Your Shared Content then do not share Your Content with Other Users. While you have the ability to remove Your Content from the service and/or the public areas within the Service and thus prevent future licenses from being granted, you acknowledge and agree that once Your Shared Content has been shared, Adobe can neither monitor nor control what Other Users do with it.

7. Use of Shared Content
Section 5 (a) of the General Terms shall continue to apply to Adobe Materials. With respect to User Content, however, Section 5 (a) of the General Terms is hereby replaced with the following:

Adobe grants you a worldwide, royalty-free, nonexclusive license to view, download, print, distribute, publicly perform and publicly display content shared by Other Users with you via the Service or that Other Users make publicly available via the Service (“Shared Content”), subject to the following conditions:

1. Your rights granted by this Section are limited to your personal, informational, non-commercial and, in the case of a business, internal purposes only;
2. You may not sell, rent, lease or license the Shared Content to others;
3. You may not modify or alter the Shared Content;
4. You may not remove any text, copyright or other proprietary notices contained in the Shared Content; and
5. When you embed Shared Content on a web page, you agree that you will include a prominent link back to the Service from that page.

Well done indeed Adobe, although it doesn’t specify why or for how long Adobe need to ‘keep archived copies of Your Content?

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"Complaining is good for you as long as you're not complaining to the person you're complaining about. Lynn Johnston"