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Zivity users may want to know this...

Journal Entry: Fri Apr 10, 2009, 9:58 PM
This was brought to my attention via The Photo Attorney - Carolyn E. Wright LLC:

Taken directly from their website:

Intellectual Property Rights

Zivity does not claim ownership of Content transmitted by you to the Site and displayed on the Site, except as provided in separate agreements with models and photographers. Notwithstanding the foregoing, and except as provided in Zivity’s separate agreements with models and photographers, you grant to Zivity a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content you submit to the Site and to incorporate such Content into other works.

To put it into English, you still retain the 'ownership' of your work, however once it is uploaded you have given Zivity the right to use your work however they see fit, for as long as they want, to manipulate or mutilate your work in any manner. So that great image you uploaded and are getting a great number of votes on can be sold to some hard core porn company and used on their website or even on the cover art of one of their productions. That is just one example, the point being you have just given someone else the right to make money of your hard work forever.

One last thing, you also agree that they can change this at anytime, without notifying you in any manner. So that whole claiming ownership thing can change at the drop of a hat, causing you to lose your work completely.

Still want to have your work on the site?


Also from The Photo Attorney website -

In Memoriam - Barbara Ringer

Barbara Ringer, 83, principal architect of the 1976 Copyright Act, Register of Copyrights from 1973-1980, and Acting Register from 1993-1994, died today in Lexington, VA.

In 1995, Ms. Ringer was given the "Library of Congress' Distinguished Service Award" for her lifetime contributions to the field of copyright, both nationally and intentionally, and for her contributions to the Library of Congress over a period of 40 years. In addition to her positions held (noted above), she was instrumental in the establishment of the Rome Convention of 1961, an international treaty for the protection of performers, broadcasters, and record producers, and the 1971 revisions of the Berne Convention and the Universal Copyright Convention. Throughout her distinguished career, Ms. Ringer was known for her brilliance as a drafter of legislation, her authorship of works on copyright, and her ability to harmonize divergent points of view. the rest on her website

Tá grá i mo chroí go deo
The love in my heart is forever

  • Mood: Pain
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addictedImage Featured By Owner Jul 29, 2009
My 2 cents.

As a personal friend of the founder and CEO of the company I can say this is just legalese to protect the company. Cyan, the woman in control, is probably the most generous, artist friendly person I know.
I know every single person in that company and trust them with my images. They have always asked me before using an image for print promotion...and have compensated me for the larger promotion prints even though they had no reason legally to do so.

As far as selling the images, that goes against everything they stand for. The whole reason she started the company was so that artists could profit off their art, to share and collaborate.

However biased my opinion may be, I put my name behind the company because I believe in them.
krash Featured By Owner Jul 29, 2009  Professional Photographer
It has nothing to do with liking, not liking, trusting or knowing they are great people. It has everything to do with what is in the contract you agree to abide by, it is plain and simple, right there in black and white. Will they ever use that power given to them, most likely not if they are decent people, but it does not change the fact you give up those rights to your own work.

you grant to Zivity a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content you submit to the Site and to incorporate such Content into other works.

That is a lot more than legalese and it goes way beyond giving them the ability to 'use your work to promote the service'. I am fairly certain that most of the original photographers and models from the 'Suicide Girls' never thought twice about their agreement and how it gave them so much power and ownership of their work. Once photographers and models alike found their images on hardcore porn sites or being used in manner they would never allow their work to be part of in the first place, they found out the hard way what they gave up and there was not one thing they could do.

As I said, I am sure the Zivity people are great, I think the service is a great idea and should be a nice little money maker for all involved. However all this can be done without making the artists involved give up so many rights to their own work and be done so in a way that also protects Zivity when using such content to promote their service.

Keep in mind I did not pull this out of my ass, this came from a fellow photographer that is also an attorney specializing in things such as this bit of legalese.
addictedImage Featured By Owner Aug 3, 2009
that's why I just said it was "my 2 cents."

Most contracts on the web are overbearing. Just by posting something to photobucket you give anyone the right to use it in any way they please.

All I was doing was chiming in on what I know about the company from a personal level.

Also, you are just looking at the site TOS.

The actual license form that photographers have to sign states,

"At the end of each two-year term for a Zivity Photograph
(whether the initial term or any subsequent term), You may elect to not renew such license for a
subsequent two-year term through Zivity’s then-current non-renewal process between 10 and 90 days prior
to the expiration of such term."
krash Featured By Owner Aug 4, 2009  Professional Photographer
I understand you were giving me your two cents or opinion based on knowing the owners. I am still going to comment on your thoughts either way and I am not trying to jump on you for doing so either, just pointing out facts.

Yes I am reading the TOS, which covers anyone that becomes a member of the site. You are right that most contracts/agreements/TOS on any content driven website normally will take advantage of your average user.
addictedImage Featured By Owner Aug 7, 2009
Yeah, I think a lot of it is about protection in a litigious society as well.

Also, another thing I thought of is that zivity is non-exclusive....meaning they pay you for content, but you still have rights to do whatever you wish with it. Most other sites once they pay you for are fucked...they own it.

Either way they are one of the few companies that listens to artists. They have made numerous contract revisions based on artist feedback. If you know anyone who is having a problem with the terms, invite them to send an email to the zivity folks with their thoughts and concerns. While it's not a guarantee that it will change things, they do take them into consideration and listen to feedback.

RockstarVanity Featured By Owner Apr 11, 2009  Professional Photographer
Zivity is just another website I don't have time to use. Kind of glad I don't after reading this.
krash Featured By Owner Apr 11, 2009  Professional Photographer
The problem is most people won't see this as a bad thing, not realizing exactly what they are giving up for a few pennies.
bereavedheart Featured By Owner Apr 9, 2009  Hobbyist Photographer
Bummer. Though, I've never even heard of it, so I suppose I am safe. :)
cosfrog Featured By Owner Apr 9, 2009  Professional Photographer
Was wary of the site to begin with, glad i never moved forward
krash Featured By Owner Apr 10, 2009  Professional Photographer
Same here
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Submitted on
April 10, 2009