Someone is being very paranoid! I don't see any rights grabbing going
on, they just say that to the extent that they need to make copies of
the content in order to provide the service that you grant them the
right to make those copies. They may need to convert the image to a
different display mode, invert it, resize it, perform mathematical
perversions of it, heaven only knows what all else they need to do
internally to make their matching magic work, not to mention move those
modified images hither and yon to whatever datacenter might be working
on different parts and no matter who owns the different wires and
computers. And yes, they're doing this for all comers, so they may be
making all of these changes as part of searches they are running on
behalf of someone else. And all of this is very specifically done only
for the purpose of providing the service which, it seems to me, is
primarily of value to the legitimate owner of the image.
This looks absolutely legitimate and reasonable to me, they've covered
all the bases they can think of to make sure an artist doesn't use the
service and then sue them for a copyright violation. Note that they
generally maintain that they have pretty much all of these rights to
start with, their entire business is based on having the right to find
and display content that has been placed on the web by other parties.
But they have learned that their pockets are so deep that they have to
cover their asses more than most players.
Van
On 18/06/2011 10:02 AM, Larry Berman wrote:
>
> Google Image Search
>
> This hasn't hit all the forums yet but Google has a new image search
> engine that's very accurate in finding out if any of your images are
> appearing on other peoples web sites:
> http://fairtradephotographer.blogspot.com/2011/06/googles-new-search-by-image-tineye-on.html
>
> Understand your rights if you use it. It may be a rights grab.
>
> "11. Content license from you
>
> 11.1 You retain copyright and any other rights you already hold in
> Content which you submit, post or display on or through, the
> Services. By submitting, posting or displaying the content you give
> Google a perpetual, irrevocable, worldwide, royalty-free, and
> non-exclusive license to reproduce, adapt, modify, translate,
> publish, publicly perform, publicly display and distribute any
> Content which you submit, post or display on or through, the
> Services. This license is for the sole purpose of enabling Google to
> display, distribute and promote the Services and may be revoked for
> certain Services as defined in the Additional Terms of those Services.
>
> 11.2 You agree that this license includes a right for Google to make
> such Content available to other companies, organizations or
> individuals with whom Google has relationships for the provision of
> syndicated services, and to use such Content in connection with the
> provision of those services.
>
> 11.3 You understand that Google, in performing the required technical
> steps to provide the Services to our users, may (a) transmit or
> distribute your Content over various public networks and in various
> media; and (b) make such changes to your Content as are necessary to
> conform and adapt that Content to the technical requirements of
> connecting networks, devices, services or media. You agree that this
> license shall permit Google to take these actions.
>
> 11.4 You confirm and warrant to Google that you have all the rights,
> power and authority necessary to grant the above license."
>
> Larry
>
> ******************************
> Larry Berman
> 412-401-8100
> Art Show Imaging and Jury Services:
> http://BermanGraphics.com
> ******************************
>
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