Photobox

Brazo

Brazo

Suspended / Banned
Messages
3,687
Name
Mark
Edit My Images
Yes
Have just received in the post some marketing material and was surprised to see an image of mine used. I had uploaded it to photobox as part of a book and having just checked their T&C's apparently all pics you upload they reserve the right to a non exclusive worldwide license!

I was concerned as the pic they used has been taken out of context but not a lot I can do now so Just a heads up really!
 
It has been a long time since I used Photobox but I am slightly surprised they can take carte Blanche with customer uploads without actually requesting to use said images on a case by case basis.
 
Yes its not like it's a free service I had to pay nearly £100 for two photo books and then they use the images as they wish!
 
I thought that was common knowledge?
 
I use Photobox and assumed they inserted my pictures into promotional e mails by way of a "look this is what we can do for you" I did not think they sent everyone my pictures.

Post up a screenshot of the email and I'll see if I can find one the same but with my pictures in it.

D

Ah just seen you said post not e mail, I don't tend to get stuff in the post.
 
Last edited:
From their T&C's

9. Intellectual Property

By uploading, posting, contributing, distributing, communicating or transmitting User Content (including Images), a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through Photobox and any other interactive services through which Photobox (or a service based on Photobox) is accessible for the purpose of ,performing obligations we owe to Users and exercising rights Users grant to us, subject to and in accordance with under these Terms. The licence under this Clause 9 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account.


NOTE THIS BIT:

For the avoidance of doubt, the licence under this Clause 9 does not permit us commercially to exploit a User’s Images (or other User Content) by creating and selling our own products bearing the User’s Images (or other User Content) without the User’s consent. Note that we may modify User Content in order to conform it to Photobox or the requirements of a Product (such as by cropping Images). You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to Photobox (including, without limitation, User Content associated Users other than you) are owned by, or licensed to, us. You may use and access Photobox and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from Photobox, or any of the material which is found on Photobox unless properly licensed to do so by us. You are not allowed to use Photobox (or to copy or use any material found on Photobox) for any commercial purpose other than to conduct the purchase of a Product from PhotoBox. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Photobox. No-one may use any robot, spider, scraper or other automated means to access Photobox for any purpose without our prior express written permission.
 
Yes it was a printed marketing material. I'm a little embarrassed as the pic is of a person and they don't know they have dropped through everyone's mail box!!!
 
BBR said:
I never read T&Cs, which I know is risky but life is just too short. Do other printing companies like Photobox have the same T&Cs?
Click to expand...

Now that that last bit is an interesting question?
 
Brazo said:
Yes it was a printed marketing material. I'm a little embarrassed as the pic is of a person and they don't know they have dropped through everyone's mail box!!!
Click to expand...

Aren't businesses supposed to have a signed permission/release for advertising purposes?
 
OldCarlos said:
Aren't businesses supposed to have a signed permission/release for advertising purposes?
Click to expand...
Doubt it. I think it's as stated above - you read the t&c's (or not), and wing it with your uploads. Most of the time it's hardly life-threatening. If it was likely to be, you'd read 'em properly.
 
I too have just received marketing literature through the post from Photobox and guess what? Yep one of my photos is featured.
Quite a coincidence that two of us on here have noted this when you consider how relatively few photo are in that literature.
Is it therefore at all conceivable with modern tech that they could do a mail drop and every recipient has one of their own photos featured?
 
Last edited:
robp said:
I too have just received marketing literature through the post from Photobox and guess what? Yep one of my photos is featured.
Quite a coincidence that two of us on here have noted this when you consider how relatively few photo are in that literature.
Is it therefore at all conceivable with modern tech that they could do a mail drop and every recipient has one of their own photos featured?
Click to expand...

Last paragraph, interesting point as the likes of the supermarkets can craft mailshots based on your loyalty card usage info.......so I would think it is possible that Photobox have used the recipients own image in their individualised letter. If so then others are not seeing those images perhaps Photobox could remove doubt and answer that?
 
One of the reasons I don't use Photobox anymore.
 
Hi Mark, I am so sorry for any confusion that was caused by the mail out. I can assure you that your image was used with the intention of show casing the products it could be printed on. All the flyers sent were personalized so you did receive the only one with your image on it. I really hope that helps clear this up. If you do have any more questions please let me know.

Kind Regards

Kerry Lee - Photobox
 
Last edited:
Kerry Lee said:
Hi Mark, I am so sorry for any confusion that was caused by the mail out. I can assure you that your image was used with the intention of show casing the products it could be printed on. All the flyers sent were personalized so you did receive the only one with your image on it. I really hope that helps clear this up. If you do have any more questions please let me know.

Kind Regards

Kerry Lee - Photobox
Click to expand...
Hi Kerry, many thanks for clarifying the position and am thankful it was a personalised one!
 
Hi Jeremy, I think that this might have been answered - I think that they may have used the images to demonstrate the sort of things that they can print, though I could be wrong?

jerry12953 said:
Shocking from Photobox. I had no idea. I'll be much more careful in future.

Thanks for posting.
Click to expand...
Kerry Lee said:
Hi Mark, I am so sorry for any confusion that was caused by the mail out. I can assure you that your image was used with the intention of show casing the products it could be printed on. All the flyers sent were personalized so you did receive the only one with your image on it. I really hope that helps clear this up. If you do have any more questions please let me know.

Kind Regards

Kerry Lee - Photobox
Click to expand...
 
It will be interesting to see what happens..I just ordered some calendars so maybe I will get something soon. Who else would you recommend for gift items such as calendars and fridge magnets?
 
Nguss said:
Hi Jeremy, I think that this might have been answered - I think that they may have used the images to demonstrate the sort of things that they can print, though I could be wrong?
Click to expand...

I had an email with one of my images used on a Photobox product; I asked them not to use my images on such emails, then I had another one.

If their t&C's permit them to re-use our images they're perfectly entitled to do so. I wish I'd read them before using Photobox. Although I can't say I can't entirely understand exactly what they mean.

Photographers just get ripped off something rotten.
 
jerry12953 said:
Although I can't say I can't entirely understand exactly what they mean.
Click to expand...

I think what they are saying is, anything with an image of yours on, is only sent/viewable to yourself. (personalized)
 
Yes, but don't their t&c's give them the right to do absolutely anything they want with our photographs?

Maybe Kerry Lee would like to come back and answer that? If s/he could explain in plain English what all that legalese means we'd all be better off.
 
These are the terms in question i think

9. Intellectual Property
By uploading, posting, contributing, distributing, communicating or transmitting User Content (including Images), a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through Photobox and any other interactive services through which Photobox (or a service based on Photobox) is accessible for the purpose of ,performing obligations we owe to Users and exercising rights Users grant to us, subject to and in accordance with under these Terms. The licence under this Clause 9 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. For the avoidance of doubt, the licence under this Clause 9 does not permit us commercially to exploit a User’s Images (or other User Content) by creating and selling our own products bearing the User’s Images (or other User Content) without the User’s consent. Note that we may modify User Content in order to conform it to Photobox or the requirements of a Product (such as by cropping Images).

I don't read that as saying they can do what they want with uploads. It says to me that they can do what they want with your uploads for the purpose of the obligations they owe to the person who uploaded them.

The only real issue i have had is with the automatic brightness adjustment which it seems you can't turn off. A few of my uploads came out very poorly because of that.
 
Last edited:
Has anyone else emailed photobox about this to see what they say - I did on Friday night so am hoping to get a reply early this week, but it might be worth a few others doing the same..
 
stevewestern said:
Has anyone else emailed photobox about this to see what they say - I did on Friday night so am hoping to get a reply early this week, but it might be worth a few others doing the same..
Click to expand...

Good idea. The T&C's are so complex and yet they say that each user is expected to read and understand them before placing an order!
 
OK, I've just received a reply from Photobox - here is a quote, which seems to answer the questions..!

Hi Steve

Thanks for your e-mail.
I'd like to take this opportunity to let you know that Photobox only use personal images for personal mail outs.
No other customers past, present or future will receive any marketing with yours or anyone else's pictures on them.
I hope this has reassured you and that you'll continue being a loyal and welcomed customer to Photobox.
 
jerry12953 said:
Yes, but don't their t&c's give them the right to do absolutely anything they want with our photographs?f.
Click to expand...


No it doesn't... if you read this thread properly or even th t&c on there site then you wouldnt need to say that :)
 
KIPAX said:
No it doesn't... if you read this thread properly or even th t&c on there site then you wouldnt need to say that :)
Click to expand...

Ah but then one wouldn't be able to fly off the handle in a completely unfounded rage, which seems to be the norm with the internet.
One wonders whether Jerry has a facebook account, flickr, or other places which suggest by using their free service that they may use your photos for publicity purposes...
 
You must log in or register to reply here.
Back
Top