There was a recent fury directed at TwitPic, a Twitter-specific photo sharing service, for updates to their terms of service (TOS). The new terms state that while you are still the copyright holder to your photos, TwitPic is free to distribute your images to promote their service, and share with "affiliated partners." It was interesting to see TwitPic singled out, a quick check of similar services proved that they have comparable terms with other services
Were you aware that, as of May 4th, by using TwitPic you give them the rights to sell your photos? http://twitpic.com/terms.do I'm out.
The night my Twitter-stream lit up over this, I spent a good part of that evening pouring over the terms for similar sites. Instagram, for example, state if you use their site, you do grant them the right to distribute your material, as they think necessary for promoting their services. Some go a step further and include associated third parties, which is the case with TwitPic. An article by TNW Industry has a run-through of other services with similar terms.
The ToS for other popular photo-sharing apps, picplz, Color, yFrog, Instagram, Flickr, and Lockerz (fka Plixi), all have similar clauses to those of Twitpic - bar one MobyPicture.
I will point out, and included as an update in the article, that yFrog has since changed their TOS in the month I have looked at them, and now read more specifically and clearly. Not mentioned in the TNW article was both Posterous and Tumblr, maybe because they are blogging platforms and not just for photo content. Many people on Twitter mentioned moving to both of these services, but I do not see them as offering any different terms to what TwitPic already states. I am not sure why Flickr gets a mention though; it has integration of Creative Commons licensing, which I see as a positive point.
It is not that I think uploading to these sites is bad, many do offer their services free, and they do have costs and offer advertising based business models to justify. The successful TOS policies are the ones that state that they will not sell your content unless they ask you first. It seems that yFrog's new terms do include this.
I did offer some quick suggestions on Twitter to which services I would recommend after my scan of various TOS policies, and I have received a couple of requests via replies and DMs from followers asking for those again.
- MobyPicture - Praised by several sources for its concise terms on content ownership "All rights of uploaded content by our users remain the property of our users and those rights can in no means be sold or used in a commercial way by MobyPicture or affiliated third-party partners without consent from the user." That is it. That is all it should be. I think other services should take note.
- CloudApp - I have started using CloudApp, which is a standalone app for Mac. The reason I do not recommend it directly is because it is not cross-platform, but if you have a Mac, it is not a bad free app. My Twitter client for the iPhone, TweetBot, supports it for photos, videos, and for link sharing. CloudApp is not limited to photos, which makes it a nice area to drop files both publicly and privately.
- Flickr - Despite what the TNW post actually says, I didn't see Flickr's terms as potentially rights encroaching, so I'm going to recommend it. Flickr does not work directly with the way I like to share Twitter photos personally, but a few followers have mentioned to me that they were going to start using it for their mobile shares too. Many apps already support it, and Flickr comes with the extra bonus of Creative Commons licensing, so you have genuine flexibility in how you may set your terms.
The way these terms read may not be a concern with many people, but the nature of the Internet makes it difficult to know when unintentional or unauthorized use of our intellectual property happens. If it does matter to you then my biggest recommendation is to understand the terms of the services you use most. Also, revisit them to see if they have changed. Often we get emails from these services if there is an update to their policies, take that opportunity to review that their service still meets your needs.








