ToS and license for pictures

Discussion for Nokia Image Exchange

02-06-2009 17:55

I wanted to see what possibility I had to add a license to my pictures that I made public (in my case, creative commons) but didn't find a feature for this directly. This would be a good feature I think since it would be easier for me to clarify how my pictures can be used.

During my search I did take a look at the Terms of Service (ToS) I found another issue as follows:
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6. Licenses

Nokia does not claim ownership in your Material. Your submission of Material to the Service does not transfer ownership rights in the Material to Nokia.

However, by submitting Material to the Service you grant Nokia a worldwide non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the Material, and to prepare derivative works thereof, or incorporate the Material into other works as well as sublicense the same.
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Would the second paragraph include my private pictures? Since the service automatically uploads all the photos on my phone, this wouldn't be good at all. I can understand it for anything I submit as public, but I cannot see this as a good thing for anything "submitted to the service" since that for me sounds like everything and a big breach of privacy.

Anyone with better understanding of legal talk and/or English want to clarify?

Comments

Submitted by mbrett on 02-06-2009 18:22.

Worrying it sounds like this applys to all images uploaded at point of upload. Therefor all you public and private images would be covered by the Terms of Service as it does not differentiate and at point of upload you are submitting them to the service.

mbrett
N95 8Gb (Product Code: 0558787 (UK)) FW 31.0.018

Submitted by jwalck on 02-06-2009 18:56.

I guess that's the only conclusion. Too bad it has already uploaded all my photos. I trust Nokia won't do anything too stupid, but I still don't like a ToS agreement that I absolutely do not agree with...

I started adding a license to the picture descriptions now, to clarify that part at least. I don't claim my pictures are such masterpeaces that anyone would want to use them, but still good to clarify. You can never go wrong with CC BY-NC-SA 3.0. :)

Submitted by mbrett on 09-06-2009 09:15.

Please see the response and continue the discussion there:

Tue, 2009-06-09 07:58 jkaasala: Creative Commons
http://betalabs.nokia.com/forum/topic/2888

mbrett
N95 8Gb (Product Code: 0558787 (UK)) FW 31.0.018