What’s Your Preference?

nightbreedorphan · #1 (**permalink**) 11-28-2009, 10:25 AM

I recently tried my local Costco's Photo Lab printing to view their quality in order to compare with other labs and for a cheap alternative to use one of my photos as an inexpensive Christmas gift.

Upon entering the store and approaching the Photo Lab counter, I noticed a 20"x30" copy of my print being used to advertise their enlargement prints.

I decided to wait until returning home to view their Terms of Service before creating a scene over them displaying my photo to promote their services.

After viewing the terms of service, I think that I may have given them the rights to use my photo for this purpose. Can someone provide me with a second opinion?

Thanks for the help.

VI. Copyright
What You License to Costco Photo

When you join our Service, you become a participant in an online community of people who enjoy taking and sharing photographs. In order for us to make your photos and Costco Photo Services available to you and anyone you authorize to see your images, we need the rights to make use of all content on the Services (in accordance with and subject to these Terms, of course). Accordingly, as a condition to your Membership, you hereby grant Costco Photo a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Services by you, solely for the purpose of providing the Services. In no event will Costco Photo print or display any content provided by you, other than in accordance with any activity initiated by you (e.g. photo sharing, printing, etc.). You remain the owner of all content that you submit to the Services and as a condition to Membership, you represent and warrant to Costco Photo that you are the owner of the copyright to content you submit to the Services or that you have written permission from the copyright owner to submit such content.

Copyright Protection for Content on the Services

All information, images, content, software and materials offered on or posted to Costco Photo are protected by U.S. and international copyright laws and by other laws. Costco Photo is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with rights to your content (unless you give us permission to do so). You may not copy or distribute material unless you are the copyright owner or have permission from the copyright owner, and you are solely responsible for any copyright violations you commit as a result of your activities, even if the violation is unintentional. Costco Photo has the absolute right to terminate your Costco Photo membership or exclude you from the Site if you use our Services to violate the intellectual property rights of third parties.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Costco Photo has a process in place to respond to your concerns. Please contact us at How to Contact Us About Copyright Infringement Claims.

Terms and Conditions

Sime · #2 (**permalink**) 11-28-2009, 10:33 AM

Did you sign up online? Did you join a community? - Like joining the COstco version of Facebook? - That's insane!! How exactly did you get your images to them for printing?

PhotogChic · #3 (**permalink**) 11-28-2009, 10:34 AM

I'm curious to see what other people will say about this or have experienced similar issues...YIKES! I guess I won't be using Costco for printing! Thanks for the head-up!

nightbreedorphan · #4 (**permalink**) 11-28-2009, 10:35 AM

I signed up for their photography services online and sent them the photo electronically so I could pick it up in an hour while I was out Christmas shopping.

Sime · #5 (**permalink**) 11-28-2009, 10:37 AM

Just off to read their t's & c's - be right back.

nightbreedorphan · #6 (**permalink**) 11-28-2009, 10:40 AM

This is the portion that concernes me.

Accordingly, as a condition to your Membership, you hereby grant Costco Photo a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Services by you, solely for the purpose of providing the Services.

Sime · #7 (**permalink**) 11-28-2009, 10:44 AM

Two things of note...

You control who sees your photos. Costco Photo is designed to provide a private, secure place for you to store and share your photos. Only you and the friends and family members that you choose to invite have access to your photos. (Not the whole store!)

and

In no event will Costco Photo print or display any content provided by you, other than in accordance with any activity initiated by you (e.g. photo sharing, printing, etc.).

I don't understand that second paragraph and I would, if I were you, call the store and ask why they are displaying your image publicly which goes against their terms and conditions.

Please do report back what happens - it would be good for others to know.

Sime

Sime · #8 (**permalink**) 11-28-2009, 10:46 AM

Quote:

Originally Posted by nightbreedorphan

This is the portion that concernes me.

Accordingly, as a condition to your Membership, you hereby grant Costco Photo a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Services by you, solely for the purpose of providing the Services.

That's a pretty typical statement but when used in conjunction with "In no event will Costco Photo print or display any content provided by you" shouldn't mean all that much.

Give them a call.