Shutterstock Photographer Forum :: View topic - Meaning of this in the terms of use agreement?

Carbonic · Joined: 20 May 2012 Posts: 4

"You expressly waive any artists' authorship rights or any droit moral that you would otherwise have under the laws of the State of New York, United States Copyright Act or similar laws of any jurisdiction."
So this means I have no intellectual property rights over my own photos because I upload them to some website? I haven't uploaded anything yet, and customer support is slow, so I thought I'd try this.
Do I actually have any rights after I upload a picture?
This site wasn't the only place I was planning on selling pictures, can I sell my pictures on another site simultaneously?
Can I take a picture down and the terms of use no longer applies?
How is shutterstock obligated to pay me if I have no rights?

mauijon · Joined: 02 Mar 2005 Posts: 4279 Location: Maui, Hawaii

Yes, you still have copyright protection on your photos, plus you get paid (a pittance.)

Each one-time use sale allows the buyer, designer, to use all or part of your pic per terms of agreement (no porno or disparaging-to-model, etc.) use.

Your intellectual property rights are as stated in Terms and you get paid for the use.

You can upload and sell on other sites but no exclusive use.

If you take the photo down, SS can no longer sell it.

Part of the terms of use includes you getting paid for that use ($0.35 or whatever.)

Read and reread the Terms. It's all in there.

pharm · Joined: 09 Jul 2006 Posts: 9406 Location: Never quite sure

Carbonic · Joined: 20 May 2012 Posts: 4

http://submit.shutterstock.com/tostos.mhtml

I have two contrary clauses within the same text. Couldn't shutterstock just chose which one they agree with if it ever became a legal issue?

jmci · Joined: 29 Oct 2006 Posts: 2383 Location: Northern Ireland

The full paragraph reads, "By submitting any content to Shutterstock, you hereby grant Shutterstock, a worldwide, non-exclusive right and license to reproduce, prepare derivative works incorporating, publicly display, market, sublicense and sell any Submitted Content uploaded by you and accepted by Shutterstock, during the term of this agreement. Shutterstock, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you. You expressly waive any artists' authorship rights or any droit moral that you would otherwise have under the laws of the State of New York, United States Copyright Act or similar laws of any jurisdiction."

I'm no lawyer, but the way I read it, that paragraph is there for the purpose of giving Shutterstock permission to display our images on the site and make them available to buyers. Since that is the whole purpose of uploading to SS, I have no problem with it.