Beitchman & Zekian Blog

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Archive for PLIXI

Are You Giving Away Your Intellectual Propery Rights on Twitter?

The Twitter phenomenon has permeated our world-wide society.  It is where many of us get our news, keep up with far-flung friends, and even make new friends, sight unseen.  We share our goals, accomplishments, day to day happenings and many times we do so with pictures.

But do any of us know what happens to our pictures once they’re posted via the various twitter picture/album services like twitpic, yfrog, or plixi?  Apparently plixi’s terms and conditions allow them to sell and make money off of pictures posted through it’s service.  Who knew, right?  Well, it took a celebrity tweet to bring it to our attention (See @katewalsh: SO BAD…ILLEGAL? RT @lalatas: @katewalsh @ipicarazzi Here is the link about Plixi images on selling twitter pics to agencies. UNCOOL! http://j.mp/gAYDfT”).  Short answer Ms. Walsh – not illegal because by using the service you’ve agreed to license those pictures to them FOR FREE.

A quick overview of the terms & conditions shows that indeed, users are granting a worldwide, royalty free license to use, duplicate, and sub-license (ie: sell) the pictures posted using their service to other people and/or companies.  What does this mean?  Well for you and me (ie: non-celebrities) it means that the picture of your dog or kid can be sold to a company for use in an ad, packaging, or anything else.  Not that big a deal, right?  If you are a celebrity, it means that the picture you posted of yourself and friends at a local restaurant can now be sold – without your knowledge – to that restaurant for use as an advertisement that you endorse that establishment.

Why should non-celebs care?  It’s the principle of the matter.  Knowing that most users do not read the terms & conditions, plixi has essentially taken your property from you – in essence they’ve stolen from your all the while rationalizing by saying, “It’s in the T&C’s if people don’t want their pictures sold, they should use a different service.”  The problem is that it now avoids the purpose and protection that each person that snaps a picture has under the Copyright Act.  That picture is YOURS… yours to sell, yours to post, to duplicate, sell, or give away.  But you should have a choice as to what happens to those pictures.

So what to do now?  It all depends on whether you feel strongly about this or not.  As for me, I transferred my pictures to a service that doesn’t sell them and deleted my account with plixi.  If you want to read the terms & conditions, there is a link below to the plixi site.

http://plixi.zendesk.com/entries/343628-terms-of-service

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