The Twitpic copyright controversy blew up a few weeks ago and I was busy and didn't have time address it. I would now like to correct for that omission.
Twitpic's new terms of service fall into the category of what I would describe as copyright-grabs-that-aren't-labeled-copyright-grabs.
The New York Times reported last week:
World Entertainment News Network, a news and photo agency, announced this month that it had become the “exclusive photo agency partner” of Twitpic, a service with over 20 million registered users that allows people to upload images and link to them on Twitter. The deal allows the agency to sell images posted on Twitpic for publication, and to pursue legal action against those who use such images commercially without its permission, according to the agency.
“There has been much unauthorized use of Twitpic images which we shall be addressing without delay,” said Lloyd Beiny, the agency’s chief executive.
World Entertainment News, whose photo business revolves largely around shots of celebrities, says it is interested only in the photographs posted to the accounts of people like Britney Spears, Russell Brand and Demi Moore. But the scope of the deal is not clear, and professional photographers are worried that it could allow the agency to profit from any photo posted to Twitpic. Others say Twitpic’s move shows the tenuous control people have over what they post through Internet services...
The New York Times has the issue down in a nutshell.
Here's my take: Under the latest terms of service, "unauthorized use" is someone else publishing your Twitpic photos without Twitpic's permission. "Authorized use" is Twitpic selling your photos to whomever it wants for any reason whatsoever without your permission (later in this column I'll excerpt the relevant fine print).
Let me quickly backtrack through recent history.
This controversy arose a few weeks ago when users discovered that the terms of service posted on the Twitpic website had been covertly changed.
After finding itself embroiled in a fast PR fiasco (inconveniently followed by new rumors that Twitter might finally launch its own photo service), Twitpic tried to shuck and jive itself out of what had actually been going on (re: copyright grab).
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