Wal-Mart disclaimer WTF?

Discussion in 'Digital Photography' started by Usenet Account, Feb 4, 2013.

  1. I don't think anyone here uses Walmart for prints but just in case you
    have friends and/or family that do. From their Terms and Conditions:
    "License and Warranties

    For all materials you may use or allow others to use in connection with
    the Site, including materials posted or submitted to the Site (the
    "Materials"):

    You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
    perpetual, irrevocable, unrestricted, world-wide right and license to
    access, use, copy, reproduce, distribute, transmit, display, perform,
    communicate to the public, modify, adapt, publish, translate, create
    derivative works from, and otherwise use such Materials (in whole or in
    part) in connection with the Site and/or the Products, using any form,
    media or technology now known or later developed, without providing
    compensation to you or any other person, without any liability to you or
    any other person, and free from any obligation of confidence or other
    duties on the part of Walmart, its affiliates and their respective
    licensees;"


    --
    This space intentionally left blank.
    Usenet Account, Feb 4, 2013
    #1
    1. Advertising

  2. Usenet Account

    Rob Guest

    On 5/02/2013 12:04 AM, Usenet Account wrote:
    > I don't think anyone here uses Walmart for prints but just in case you
    > have friends and/or family that do. From their Terms and Conditions:
    > "License and Warranties
    >
    > For all materials you may use or allow others to use in connection with
    > the Site, including materials posted or submitted to the Site (the
    > "Materials"):
    >
    > You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
    > perpetual, irrevocable, unrestricted, world-wide right and license to
    > access, use, copy, reproduce, distribute, transmit, display, perform,
    > communicate to the public, modify, adapt, publish, translate, create
    > derivative works from, and otherwise use such Materials (in whole or in
    > part) in connection with the Site and/or the Products, using any form,
    > media or technology now known or later developed, without providing
    > compensation to you or any other person, without any liability to you or
    > any other person, and free from any obligation of confidence or other
    > duties on the part of Walmart, its affiliates and their respective
    > licensees;"
    >
    >



    WOW just like entering some competitions.
    Rob, Feb 4, 2013
    #2
    1. Advertising

  3. On 04/02/2013 8:22 AM, Rob wrote:
    > On 5/02/2013 12:04 AM, Usenet Account wrote:
    >> I don't think anyone here uses Walmart for prints but just in case you
    >> have friends and/or family that do. From their Terms and Conditions:
    >> "License and Warranties
    >>
    >> For all materials you may use or allow others to use in connection with
    >> the Site, including materials posted or submitted to the Site (the
    >> "Materials"):
    >>
    >> You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
    >> perpetual, irrevocable, unrestricted, world-wide right and license to
    >> access, use, copy, reproduce, distribute, transmit, display, perform,
    >> communicate to the public, modify, adapt, publish, translate, create
    >> derivative works from, and otherwise use such Materials (in whole or in
    >> part) in connection with the Site and/or the Products, using any form,
    >> media or technology now known or later developed, without providing
    >> compensation to you or any other person, without any liability to you or
    >> any other person, and free from any obligation of confidence or other
    >> duties on the part of Walmart, its affiliates and their respective
    >> licensees;"
    >>
    >>

    >
    >
    > WOW just like entering some competitions.


    Costco is similar:

    Costco disclaimer:

    What You License to PNI Digital Media
    In order for us to transmit your photos to Costco CA Wholesale Canada
    Ltd. and/or Costco CA Enterprises Inc. (collectively, "Costco CA") for
    fulfillment, we need the right to make use of all content on the Service
    (in accordance with and subject to these Terms). Accordingly, as a
    condition to your use, you hereby grant PNI Digital Media a perpetual,
    universal, nonexclusive right to copy, display, modify, transmit, make
    derivative works of and distribute any content transmitted or provided
    to the Service by you, solely for the purpose of providing the Service.
    In no event will PNI Digital Media print or display any content provided
    by you, other than in accordance with any activity initiated by you
    (e.g. photo sharing, printing, etc.). You remain the owner of all
    content that you submit to the Service and as a condition to use, you
    represent and warrant to PNI Digital Media that you are the owner of the
    copyright to content you submit to the Service or that you have written
    permission from the copyright owner to submit such content.

    http://costco.pnimedia.com/disclaimers/terms.aspx

    --
    This space intentionally left blank.
    Usenet Account, Feb 4, 2013
    #3
  4. Huh? Read those two disclaimers again. Bottom line is that they aren't
    even close. Walmart's allows them to use the photos for any damn thing
    they want. A magazine, models, whatever.

    Costco, OTOH, is seems to be covering their bets in case something leaks
    but otherwise you OWN the images and they won't use them for anything
    other than what you've specified. Looks like they want to be able to
    send them out (to subcontractors) if needed.

    To me, they don't appear to even be close as to what rights are gained
    by the vendor (Walmart/Costco) and what is lost by you.


    On 2/4/2013 7:46 AM, Usenet Account wrote:
    > On 04/02/2013 8:22 AM, Rob wrote:
    >> On 5/02/2013 12:04 AM, Usenet Account wrote:
    >>> I don't think anyone here uses Walmart for prints but just in case you
    >>> have friends and/or family that do. From their Terms and Conditions:
    >>> "License and Warranties
    >>>
    >>> For all materials you may use or allow others to use in connection with
    >>> the Site, including materials posted or submitted to the Site (the
    >>> "Materials"):
    >>>
    >>> You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
    >>> perpetual, irrevocable, unrestricted, world-wide right and license to
    >>> access, use, copy, reproduce, distribute, transmit, display, perform,
    >>> communicate to the public, modify, adapt, publish, translate, create
    >>> derivative works from, and otherwise use such Materials (in whole or in
    >>> part) in connection with the Site and/or the Products, using any form,
    >>> media or technology now known or later developed, without providing
    >>> compensation to you or any other person, without any liability to you or
    >>> any other person, and free from any obligation of confidence or other
    >>> duties on the part of Walmart, its affiliates and their respective
    >>> licensees;"
    >>>
    >>>

    >>
    >>
    >> WOW just like entering some competitions.

    >
    > Costco is similar:
    >
    > Costco disclaimer:
    >
    > What You License to PNI Digital Media
    > In order for us to transmit your photos to Costco CA Wholesale Canada
    > Ltd. and/or Costco CA Enterprises Inc. (collectively, "Costco CA") for
    > fulfillment, we need the right to make use of all content on the Service
    > (in accordance with and subject to these Terms). Accordingly, as a
    > condition to your use, you hereby grant PNI Digital Media a perpetual,
    > universal, nonexclusive right to copy, display, modify, transmit, make
    > derivative works of and distribute any content transmitted or provided
    > to the Service by you, solely for the purpose of providing the Service.
    > In no event will PNI Digital Media print or display any content provided
    > by you, other than in accordance with any activity initiated by you
    > (e.g. photo sharing, printing, etc.). You remain the owner of all
    > content that you submit to the Service and as a condition to use, you
    > represent and warrant to PNI Digital Media that you are the owner of the
    > copyright to content you submit to the Service or that you have written
    > permission from the copyright owner to submit such content.
    >
    > http://costco.pnimedia.com/disclaimers/terms.aspx
    >
    Unquestionably Confused, Feb 4, 2013
    #4
  5. Usenet Account

    Irwell Guest

    On Mon, 04 Feb 2013 08:28:16 -0600, Unquestionably Confused wrote:

    > Huh? Read those two disclaimers again. Bottom line is that they aren't
    > even close. Walmart's allows them to use the photos for any damn thing
    > they want. A magazine, models, whatever.
    >
    > Costco, OTOH, is seems to be covering their bets in case something leaks
    > but otherwise you OWN the images and they won't use them for anything
    > other than what you've specified. Looks like they want to be able to
    > send them out (to subcontractors) if needed.
    >
    > To me, they don't appear to even be close as to what rights are gained
    > by the vendor (Walmart/Costco) and what is lost by you.
    >
    >
    > On 2/4/2013 7:46 AM, Usenet Account wrote:
    >> On 04/02/2013 8:22 AM, Rob wrote:
    >>> On 5/02/2013 12:04 AM, Usenet Account wrote:
    >>>> I don't think anyone here uses Walmart for prints but just in case you
    >>>> have friends and/or family that do. From their Terms and Conditions:
    >>>> "License and Warranties
    >>>>
    >>>> For all materials you may use or allow others to use in connection with
    >>>> the Site, including materials posted or submitted to the Site (the
    >>>> "Materials"):
    >>>>
    >>>> You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
    >>>> perpetual, irrevocable, unrestricted, world-wide right and license to
    >>>> access, use, copy, reproduce, distribute, transmit, display, perform,
    >>>> communicate to the public, modify, adapt, publish, translate, create
    >>>> derivative works from, and otherwise use such Materials (in whole or in
    >>>> part) in connection with the Site and/or the Products, using any form,
    >>>> media or technology now known or later developed, without providing
    >>>> compensation to you or any other person, without any liability to you or
    >>>> any other person, and free from any obligation of confidence or other
    >>>> duties on the part of Walmart, its affiliates and their respective
    >>>> licensees;"
    >>>>
    >>>>
    >>>
    >>>
    >>> WOW just like entering some competitions.

    >>
    >> Costco is similar:
    >>
    >> Costco disclaimer:
    >>
    >> What You License to PNI Digital Media
    >> In order for us to transmit your photos to Costco CA Wholesale Canada
    >> Ltd. and/or Costco CA Enterprises Inc. (collectively, "Costco CA") for
    >> fulfillment, we need the right to make use of all content on the Service
    >> (in accordance with and subject to these Terms). Accordingly, as a
    >> condition to your use, you hereby grant PNI Digital Media a perpetual,
    >> universal, nonexclusive right to copy, display, modify, transmit, make
    >> derivative works of and distribute any content transmitted or provided
    >> to the Service by you, solely for the purpose of providing the Service.
    >> In no event will PNI Digital Media print or display any content provided
    >> by you, other than in accordance with any activity initiated by you
    >> (e.g. photo sharing, printing, etc.). You remain the owner of all
    >> content that you submit to the Service and as a condition to use, you
    >> represent and warrant to PNI Digital Media that you are the owner of the
    >> copyright to content you submit to the Service or that you have written
    >> permission from the copyright owner to submit such content.
    >>
    >> http://costco.pnimedia.com/disclaimers/terms.aspx
    >>


    Good legalese on their part.
    Covers any disgruntled employee actions
    like internetting customer photos.
    Irwell, Feb 4, 2013
    #5
  6. On 2/4/2013 3:32 PM, Irwell wrote:
    > On Mon, 04 Feb 2013 08:28:16 -0600, Unquestionably Confused wrote:
    >
    >> Huh? Read those two disclaimers again. Bottom line is that they aren't
    >> even close. Walmart's allows them to use the photos for any damn thing
    >> they want. A magazine, models, whatever.
    >>
    >> Costco, OTOH, is seems to be covering their bets in case something leaks
    >> but otherwise you OWN the images and they won't use them for anything
    >> other than what you've specified. Looks like they want to be able to
    >> send them out (to subcontractors) if needed.
    >>
    >> To me, they don't appear to even be close as to what rights are gained
    >> by the vendor (Walmart/Costco) and what is lost by you.

    >
    > Good legalese on their part.
    > Covers any disgruntled employee actions
    > like internetting customer photos.
    >


    Difficult to blame either one of them. We have this attitude in this
    country that everyone IS or WANTS TO BE a victim and be compensated for it.

    I can envision (sans the disclaimer) a picture of somebody's beautiful
    baby getting leaked for whatever reason with the ALMOST end result being
    that the advertising agency for Gerber Baby Food tracks the family down
    and offers a six figured contract to the parents for their kid to be the
    next "Gerber Baby."

    Then, while they're having their attorney draw review the contract
    either the attorney or they suggest going after WallyWorld or Costco for
    invading their precious privacy<g>

    I'm smiling, but you know it could happen or has happened in the past.
    Unquestionably Confused, Feb 4, 2013
    #6
  7. On 04/02/2013 4:41 PM, Unquestionably Confused wrote:
    > On 2/4/2013 3:32 PM, Irwell wrote:
    >> On Mon, 04 Feb 2013 08:28:16 -0600, Unquestionably Confused wrote:
    >>
    >>> Huh? Read those two disclaimers again. Bottom line is that they aren't
    >>> even close. Walmart's allows them to use the photos for any damn thing
    >>> they want. A magazine, models, whatever.
    >>>
    >>> Costco, OTOH, is seems to be covering their bets in case something leaks
    >>> but otherwise you OWN the images and they won't use them for anything
    >>> other than what you've specified. Looks like they want to be able to
    >>> send them out (to subcontractors) if needed.
    >>>
    >>> To me, they don't appear to even be close as to what rights are gained
    >>> by the vendor (Walmart/Costco) and what is lost by you.

    >>
    >> Good legalese on their part.
    >> Covers any disgruntled employee actions
    >> like internetting customer photos.
    >>

    >
    > Difficult to blame either one of them. We have this attitude in this
    > country that everyone IS or WANTS TO BE a victim and be compensated for it.
    >
    > I can envision (sans the disclaimer) a picture of somebody's beautiful
    > baby getting leaked for whatever reason with the ALMOST end result being
    > that the advertising agency for Gerber Baby Food tracks the family down
    > and offers a six figured contract to the parents for their kid to be the
    > next "Gerber Baby."
    >
    > Then, while they're having their attorney draw review the contract
    > either the attorney or they suggest going after WallyWorld or Costco for
    > invading their precious privacy<g>
    >
    > I'm smiling, but you know it could happen or has happened in the past.
    >
    >

    Oddly enough that disclaimer is for Canada. Mao-Mart, er Wal-mart USA
    has a more subdued ToS.





    --
    This space intentionally left blank.
    Usenet Account, Feb 4, 2013
    #7
  8. Usenet Account

    Mayayana Guest

    | > Good legalese on their part.
    | > Covers any disgruntled employee actions
    | > like internetting customer photos.
    | >
    |
    | Difficult to blame either one of them. We have this attitude in this
    | country that everyone IS or WANTS TO BE a victim and be compensated for
    it.

    Someone always says that when this topic comes up,
    but if that's the case they don't need to claim full
    co-copyright rights. They only need to disclaim
    responsibility if the picture is lost or distributed. With
    the text as written they have a right to use your family
    photo in their store ads.... or sell it to others for any
    purpose.

    There's an interesting case of something like that here:

    http://articles.orlandosentinel.com...-fan-orlando-magic-magic-spokesman-joel-glass

    A woman went to a basketball game. The Orlando team used
    her picture in ads. She's suing. But she may lose because the
    ticket carries a disclaimer granting the team "the irrevocable
    and unrestricted right and license" to use the holder's image
    in "any medium or context" and specifically mentions promotional
    purposes "without further authorization or compensation."

    They're claiming they can use her as an unpaid model just
    because they printed that on the back of the ticket. She never
    signed any agreement. But according to a law professor that
    disclaimer probably protects the team. The team is not actually
    claiming a right to her own photos, but they are claiming a
    right to any image of her.
    Mayayana, Feb 4, 2013
    #8
  9. Usenet Account

    Irwell Guest

    On Mon, 4 Feb 2013 18:10:24 -0500, Mayayana wrote:

    >|> Good legalese on their part.
    >|> Covers any disgruntled employee actions
    >|> like internetting customer photos.
    >|>
    >|
    >| Difficult to blame either one of them. We have this attitude in this
    >| country that everyone IS or WANTS TO BE a victim and be compensated for
    > it.
    >
    > Someone always says that when this topic comes up,
    > but if that's the case they don't need to claim full
    > co-copyright rights. They only need to disclaim
    > responsibility if the picture is lost or distributed. With
    > the text as written they have a right to use your family
    > photo in their store ads.... or sell it to others for any
    > purpose.
    >
    > There's an interesting case of something like that here:
    >
    > http://articles.orlandosentinel.com...-fan-orlando-magic-magic-spokesman-joel-glass
    >
    > A woman went to a basketball game. The Orlando team used
    > her picture in ads. She's suing. But she may lose because the
    > ticket carries a disclaimer granting the team "the irrevocable
    > and unrestricted right and license" to use the holder's image
    > in "any medium or context" and specifically mentions promotional
    > purposes "without further authorization or compensation."
    >
    > They're claiming they can use her as an unpaid model just
    > because they printed that on the back of the ticket. She never
    > signed any agreement. But according to a law professor that
    > disclaimer probably protects the team. The team is not actually
    > claiming a right to her own photos, but they are claiming a
    > right to any image of her.


    Probably because there are photos of games with thousands of spectators
    images.
    Irwell, Feb 5, 2013
    #9
  10. Usenet Account

    Rob Guest

    On 5/02/2013 11:03 AM, Irwell wrote:
    > On Mon, 4 Feb 2013 18:10:24 -0500, Mayayana wrote:
    >
    >> |> Good legalese on their part.
    >> |> Covers any disgruntled employee actions
    >> |> like internetting customer photos.
    >> |>
    >> |
    >> | Difficult to blame either one of them. We have this attitude in this
    >> | country that everyone IS or WANTS TO BE a victim and be compensated for
    >> it.
    >>
    >> Someone always says that when this topic comes up,
    >> but if that's the case they don't need to claim full
    >> co-copyright rights. They only need to disclaim
    >> responsibility if the picture is lost or distributed. With
    >> the text as written they have a right to use your family
    >> photo in their store ads.... or sell it to others for any
    >> purpose.
    >>
    >> There's an interesting case of something like that here:
    >>
    >> http://articles.orlandosentinel.com...-fan-orlando-magic-magic-spokesman-joel-glass
    >>
    >> A woman went to a basketball game. The Orlando team used
    >> her picture in ads. She's suing. But she may lose because the
    >> ticket carries a disclaimer granting the team "the irrevocable
    >> and unrestricted right and license" to use the holder's image
    >> in "any medium or context" and specifically mentions promotional
    >> purposes "without further authorization or compensation."
    >>
    >> They're claiming they can use her as an unpaid model just
    >> because they printed that on the back of the ticket. She never
    >> signed any agreement. But according to a law professor that
    >> disclaimer probably protects the team. The team is not actually
    >> claiming a right to her own photos, but they are claiming a
    >> right to any image of her.

    >
    > Probably because there are photos of games with thousands of spectators
    > images.
    >


    Firstly if the image of her is more that ?? % of the image or aa
    feature, they need a model release.

    Crowds in that sense don't occupy very much per individual and don't
    require a release.

    You can't just go to a public place and take close ups of people without
    their consent and end up using them for what ever.
    Rob, Feb 5, 2013
    #10
  11. Usenet Account

    PeterN Guest

    On 2/4/2013 9:28 AM, Unquestionably Confused wrote:
    > Huh? Read those two disclaimers again. Bottom line is that they aren't
    > even close. Walmart's allows them to use the photos for any damn thing
    > they want. A magazine, models, whatever.
    >
    > Costco, OTOH, is seems to be covering their bets in case something leaks
    > but otherwise you OWN the images and they won't use them for anything
    > other than what you've specified. Looks like they want to be able to
    > send them out (to subcontractors) if needed.
    >
    > To me, they don't appear to even be close as to what rights are gained
    > by the vendor (Walmart/Costco) and what is lost by you.
    >
    >
    > On 2/4/2013 7:46 AM, Usenet Account wrote:
    >> On 04/02/2013 8:22 AM, Rob wrote:
    >>> On 5/02/2013 12:04 AM, Usenet Account wrote:
    >>>> I don't think anyone here uses Walmart for prints but just in case you
    >>>> have friends and/or family that do. From their Terms and Conditions:
    >>>> "License and Warranties
    >>>>
    >>>> For all materials you may use or allow others to use in connection with
    >>>> the Site, including materials posted or submitted to the Site (the
    >>>> "Materials"):
    >>>>
    >>>> You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
    >>>> perpetual, irrevocable, unrestricted, world-wide right and license to
    >>>> access, use, copy, reproduce, distribute, transmit, display, perform,
    >>>> communicate to the public, modify, adapt, publish, translate, create
    >>>> derivative works from, and otherwise use such Materials (in whole or in
    >>>> part) in connection with the Site and/or the Products, using any form,
    >>>> media or technology now known or later developed, without providing
    >>>> compensation to you or any other person, without any liability to
    >>>> you or
    >>>> any other person, and free from any obligation of confidence or other
    >>>> duties on the part of Walmart, its affiliates and their respective
    >>>> licensees;"
    >>>>
    >>>>
    >>>
    >>>
    >>> WOW just like entering some competitions.

    >>
    >> Costco is similar:
    >>
    >> Costco disclaimer:
    >>
    >> What You License to PNI Digital Media
    >> In order for us to transmit your photos to Costco CA Wholesale Canada
    >> Ltd. and/or Costco CA Enterprises Inc. (collectively, "Costco CA") for
    >> fulfillment, we need the right to make use of all content on the Service
    >> (in accordance with and subject to these Terms). Accordingly, as a
    >> condition to your use, you hereby grant PNI Digital Media a perpetual,
    >> universal, nonexclusive right to copy, display, modify, transmit, make
    >> derivative works of and distribute any content transmitted or provided
    >> to the Service by you, solely for the purpose of providing the Service.
    >> In no event will PNI Digital Media print or display any content provided
    >> by you, other than in accordance with any activity initiated by you
    >> (e.g. photo sharing, printing, etc.). You remain the owner of all
    >> content that you submit to the Service and as a condition to use, you
    >> represent and warrant to PNI Digital Media that you are the owner of the
    >> copyright to content you submit to the Service or that you have written
    >> permission from the copyright owner to submit such content.
    >>
    >> http://costco.pnimedia.com/disclaimers/terms.aspx
    >>


    Your reply is spot on. thanks, you saved me the trouble of responding.


    --
    PeterN
    PeterN, Feb 5, 2013
    #11
  12. Usenet Account

    PeterN Guest

    On 2/4/2013 4:32 PM, Irwell wrote:
    > On Mon, 04 Feb 2013 08:28:16 -0600, Unquestionably Confused wrote:
    >
    >> Huh? Read those two disclaimers again. Bottom line is that they aren't
    >> even close. Walmart's allows them to use the photos for any damn thing
    >> they want. A magazine, models, whatever.
    >>
    >> Costco, OTOH, is seems to be covering their bets in case something leaks
    >> but otherwise you OWN the images and they won't use them for anything
    >> other than what you've specified. Looks like they want to be able to
    >> send them out (to subcontractors) if needed.
    >>
    >> To me, they don't appear to even be close as to what rights are gained
    >> by the vendor (Walmart/Costco) and what is lost by you.
    >>
    >>
    >> On 2/4/2013 7:46 AM, Usenet Account wrote:
    >>> On 04/02/2013 8:22 AM, Rob wrote:
    >>>> On 5/02/2013 12:04 AM, Usenet Account wrote:
    >>>>> I don't think anyone here uses Walmart for prints but just in case you
    >>>>> have friends and/or family that do. From their Terms and Conditions:
    >>>>> "License and Warranties
    >>>>>
    >>>>> For all materials you may use or allow others to use in connection with
    >>>>> the Site, including materials posted or submitted to the Site (the
    >>>>> "Materials"):
    >>>>>
    >>>>> You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
    >>>>> perpetual, irrevocable, unrestricted, world-wide right and license to
    >>>>> access, use, copy, reproduce, distribute, transmit, display, perform,
    >>>>> communicate to the public, modify, adapt, publish, translate, create
    >>>>> derivative works from, and otherwise use such Materials (in whole or in
    >>>>> part) in connection with the Site and/or the Products, using any form,
    >>>>> media or technology now known or later developed, without providing
    >>>>> compensation to you or any other person, without any liability to you or
    >>>>> any other person, and free from any obligation of confidence or other
    >>>>> duties on the part of Walmart, its affiliates and their respective
    >>>>> licensees;"
    >>>>>
    >>>>>
    >>>>
    >>>>
    >>>> WOW just like entering some competitions.
    >>>
    >>> Costco is similar:
    >>>
    >>> Costco disclaimer:
    >>>
    >>> What You License to PNI Digital Media
    >>> In order for us to transmit your photos to Costco CA Wholesale Canada
    >>> Ltd. and/or Costco CA Enterprises Inc. (collectively, "Costco CA") for
    >>> fulfillment, we need the right to make use of all content on the Service
    >>> (in accordance with and subject to these Terms). Accordingly, as a
    >>> condition to your use, you hereby grant PNI Digital Media a perpetual,
    >>> universal, nonexclusive right to copy, display, modify, transmit, make
    >>> derivative works of and distribute any content transmitted or provided
    >>> to the Service by you, solely for the purpose of providing the Service.
    >>> In no event will PNI Digital Media print or display any content provided
    >>> by you, other than in accordance with any activity initiated by you
    >>> (e.g. photo sharing, printing, etc.). You remain the owner of all
    >>> content that you submit to the Service and as a condition to use, you
    >>> represent and warrant to PNI Digital Media that you are the owner of the
    >>> copyright to content you submit to the Service or that you have written
    >>> permission from the copyright owner to submit such content.
    >>>
    >>> http://costco.pnimedia.com/disclaimers/terms.aspx
    >>>

    >
    > Good legalese on their part.
    > Covers any disgruntled employee actions
    > like internetting customer photos.
    >


    No it does not. Read again.

    --
    PeterN
    PeterN, Feb 5, 2013
    #12
  13. Usenet Account

    Mayayana Guest

    | > They're claiming they can use her as an unpaid model just
    | > because they printed that on the back of the ticket. She never
    | > signed any agreement. But according to a law professor that
    | > disclaimer probably protects the team. The team is not actually
    | > claiming a right to her own photos, but they are claiming a
    | > right to any image of her.
    |
    | Probably because there are photos of games with thousands of spectators
    | images.

    Perhaps you could look at the article before commenting.
    There's a picture of her on the back of a bus. It's not
    thousands of people. It's a giant close-up of her. And the
    ticket disclaimer claims the right to use that image, no
    doubt obtained with a telescopic lens.

    As the saying goes, if the legalese says they have a
    right to do something you should assume they will and
    act accordingly.
    Mayayana, Feb 5, 2013
    #13
  14. On 2/4/2013 5:10 PM, Mayayana wrote:
    > | > Good legalese on their part.
    > | > Covers any disgruntled employee actions
    > | > like internetting customer photos.
    > | >
    > |
    > | Difficult to blame either one of them. We have this attitude in this
    > | country that everyone IS or WANTS TO BE a victim and be compensated for
    > it.
    >
    > Someone always says that when this topic comes up,
    > but if that's the case they don't need to claim full
    > co-copyright rights. They only need to disclaim
    > responsibility if the picture is lost or distributed. With
    > the text as written they have a right to use your family
    > photo in their store ads.... or sell it to others for any
    > purpose.


    Of course they don't NEED to, but if they've got the suckers, er,
    customers readily agreeing to whatever ToS they place in front of them,
    why wouldn't they make the ToS as broad as possible. When you are
    negotiating a release (or a contract) you want the coverage as broad as
    possible. When you get into specifics wind up leaving yourself open to
    getting tagged for something that you don't want to be tagged for.

    Look at it this way. If it were possible be be sued and lose everything
    you have, would you want the release I sign to read "I promise not to
    sue you for ANYTHING" or would you be satisfied with " I will not sue
    you unless you really piss me off or cost me some money?"
    Unquestionably Confused, Feb 5, 2013
    #14
  15. Usenet Account

    PeterN Guest

    On 2/4/2013 9:38 PM, Unquestionably Confused wrote:
    > On 2/4/2013 5:10 PM, Mayayana wrote:
    >> | > Good legalese on their part.
    >> | > Covers any disgruntled employee actions
    >> | > like internetting customer photos.
    >> | >
    >> |
    >> | Difficult to blame either one of them. We have this attitude in this
    >> | country that everyone IS or WANTS TO BE a victim and be compensated for
    >> it.
    >>
    >> Someone always says that when this topic comes up,
    >> but if that's the case they don't need to claim full
    >> co-copyright rights. They only need to disclaim
    >> responsibility if the picture is lost or distributed. With
    >> the text as written they have a right to use your family
    >> photo in their store ads.... or sell it to others for any
    >> purpose.

    >
    > Of course they don't NEED to, but if they've got the suckers, er,
    > customers readily agreeing to whatever ToS they place in front of them,
    > why wouldn't they make the ToS as broad as possible. When you are
    > negotiating a release (or a contract) you want the coverage as broad as
    > possible. When you get into specifics wind up leaving yourself open to
    > getting tagged for something that you don't want to be tagged for.
    >
    > Look at it this way. If it were possible be be sued and lose everything
    > you have, would you want the release I sign to read "I promise not to
    > sue you for ANYTHING" or would you be satisfied with " I will not sue
    > you unless you really piss me off or cost me some money?"
    >
    >

    Most people don't read:
    In my college days as an experiment in psychology, I created a document
    in the form of a petition, that essentially stated that the signer was
    guilty of committing a murder. They were asked to print their name and
    address below. Some copies of the petition were seeded with thirty phony
    signatures, about half were not. Those presented with a "seeded"
    petition quickly signed. I was unable to get any signatures on the
    petitions that were not seeded.

    --
    PeterN
    PeterN, Feb 5, 2013
    #15
  16. Usenet Account

    NotMe Guest

    "Usenet Account" <> wrote in message
    news:keobkh$7vv$...
    >I don't think anyone here uses Walmart for prints but just in case you have
    >friends and/or family that do. From their Terms and Conditions:
    > "License and Warranties
    >
    > For all materials you may use or allow others to use in connection with
    > the Site, including materials posted or submitted to the Site (the
    > "Materials"):
    >
    > You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
    > perpetual, irrevocable, unrestricted, world-wide right and license to
    > access, use, copy, reproduce, distribute, transmit, display, perform,
    > communicate to the public, modify, adapt, publish, translate, create
    > derivative works from, and otherwise use such Materials (in whole or in
    > part) in connection with the Site and/or the Products, using any form,
    > media or technology now known or later developed, without providing
    > compensation to you or any other person, without any liability to you or
    > any other person, and free from any obligation of confidence or other
    > duties on the part of Walmart, its affiliates and their respective
    > licensees;"
    >


    I've not seen any case law on this but copyright states that licenses to be
    enforced must be in hard copy and signed by the copyright owner. Not as a
    boiler plate disclaimer on a web site.

    I've not been to WM Canada site but those T&C are, apparently, not ont the
    USA web site.
    NotMe, Feb 7, 2013
    #16
  17. On 06/02/2013 8:38 PM, NotMe wrote:
    > "Usenet Account" <> wrote in message
    > news:keobkh$7vv$...
    >> I don't think anyone here uses Walmart for prints but just in case you have
    >> friends and/or family that do. From their Terms and Conditions:
    >> "License and Warranties
    >>
    >> For all materials you may use or allow others to use in connection with
    >> the Site, including materials posted or submitted to the Site (the
    >> "Materials"):
    >>
    >> You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
    >> perpetual, irrevocable, unrestricted, world-wide right and license to
    >> access, use, copy, reproduce, distribute, transmit, display, perform,
    >> communicate to the public, modify, adapt, publish, translate, create
    >> derivative works from, and otherwise use such Materials (in whole or in
    >> part) in connection with the Site and/or the Products, using any form,
    >> media or technology now known or later developed, without providing
    >> compensation to you or any other person, without any liability to you or
    >> any other person, and free from any obligation of confidence or other
    >> duties on the part of Walmart, its affiliates and their respective
    >> licensees;"
    >>

    >
    > I've not seen any case law on this but copyright states that licenses to be
    > enforced must be in hard copy and signed by the copyright owner. Not as a
    > boiler plate disclaimer on a web site.
    >
    > I've not been to WM Canada site but those T&C are, apparently, not ont the
    > USA web site.
    >


    Wal-Mart Canada has blinked.

    Late today (6 Feb 2013) Wal-Mart changed their Terms of use,

    http://www.petapixel.com/2013/02/03...art-canada-photo-centres-rights-grabby-terms/
    I guess they were spanked on-line pretty much!

    Seems they were getting a lot of complaints.


    --
    This space intentionally left blank.
    Usenet Account, Feb 7, 2013
    #17
    1. Advertising

Want to reply to this thread or ask your own question?

It takes just 2 minutes to sign up (and it's free!). Just click the sign up button to choose a username and then you can ask your own questions on the forum.
Similar Threads
  1. George
    Replies:
    1
    Views:
    2,531
  2. s

    Re: HP Pavillion from Wal-Mart

    s, Jul 20, 2003, in forum: Computer Support
    Replies:
    2
    Views:
    579
    trout
    Jul 20, 2003
  3. Gary G. Taylor

    Re: HP Pavillion from Wal-Mart

    Gary G. Taylor, Jul 21, 2003, in forum: Computer Support
    Replies:
    0
    Views:
    466
    Gary G. Taylor
    Jul 21, 2003
  4. Brenadier Jehosephat

    Re: HP Pavillion from Wal-Mart

    Brenadier Jehosephat, Jul 21, 2003, in forum: Computer Support
    Replies:
    1
    Views:
    521
    Gary G. Taylor
    Jul 21, 2003
  5. abdul rahim

    why do people disparage wal-mart?

    abdul rahim, Jan 22, 2004, in forum: Computer Support
    Replies:
    4
    Views:
    535
    COL RSJ
    Feb 8, 2004
Loading...

Share This Page