Adobe Photoshop Express changes Rights, but not for better

07Apr08

You would think that after the uproar over the Photoshop Express EULA, Adobe would learn something from it and make it at least as non-intrusive as the other photo sites. That’s not to be, unfortunately.

They’ve improved the wording about their use of your content to only be for “the Service”. This is the good part. Their terms is now on par with other sites such as Flickr.

However, they’ve also tacked on additional rights for allowing anyone to use your images by any means if you share your images with the world. If you choose to share your images, anyone, including any corporation, can choose to take your images, modify them, and use them for their financial purposes. This absolutely doesn’t sit well with me, and it shouldn’t be OK for you either.

Until this is changed, I’m choosing to not use their service.

07 Apr 2008 Update: I’m informed that my reading of the EULA is not correct. A corporation CANNOT actually use your images for commercial purposes, except internally, but they CAN use them.

To be exact, here is the quote regarding the rights you have when you view anyone’s images:

Adobe grants you a worldwide, royalty-free, nonexclusive license to view, download, print, distribute, publicly perform and publicly display content shared by Other Users with you via the Service or that Other Users make publicly available via the Service (“Shared Content”), subject to the following conditions:

a. Your rights granted by this Section are limited to your personal, informational, non-commercial and, in the case of a business, internal purposes only;

b. You may not sell, rent, lease or license the Shared Content to others;

c. You may not modify or alter the Shared Content;

d. You may not remove any text, copyright or other proprietary notices contained in the Shared Content; and

e. When you embed Shared Content on a web page, you agree that you will include a prominent link back to the Service from that page.

It’s not as bad as I initially thought, but not as good as Flickr, which allows you to reserve your rights to the images.

While the Photoshop Express interface is nicer with the dark background, I’ll be staying with Flickr for now.

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