Photo Attorney

Jul 20, 2008

Alert: Digital Photo Frame Company Takes License of Your Photos and More

A digital photo frame is a great way to display your digital photos. You may easily update the photos shown and rotate the images. The newest model of the digital photo frame even allows you to view photos from the Internet. But someone else may get to see what you're showing in your frame, even when you don't want them to.

The Shogo digital photo frame is a cool device that uses WiFi or Ethernet to connect to your modem to access the Internet. It lets you set up photo albums online for others to view on their digital frames. You can view photos from photo portals such as Flickr, Picasa, SmugMug, .Mac and even subscribe to RSS feeds. It's a great idea.

When you use the ShogoLive Service to download photos from the Internet or transfer photos to anothers photo frame, you agree to the "Terms of Use." Unfortunately, the Terms of Use contains the following provision in section X.1.c.:
By submitting, uploading, posting or displaying Content on or through ShogoLive, you hereby grant RealEase (and its successors and assigns) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable licence under your copyrights or other intellectual property rights in such Content to:

i. reproduce, adapt, distribute, display, publish, create derivative works from, and use such Content in any manner (in whole or part) without any duty to account to you through the ShogoLive (including but not limited to RSS or other content feeds offered through ShogoLive) and other RealEase's services
Emphasis added.

While Shogo needs a license to run your photos through its system to display them to your intended viewers, this license allows for additional uses.

Shogo at least provides that:
Subject to RealEase's then current Content-related policies, you may remove the Content you have uploaded or posted on or through the ShogoLive from time to time. After the relevant Content is removed from ShogoLive, RealEase will use its reasonable endeavours to cease to use such Content (under the licence granted under this section) within a commercially reasonable period.
Emphasis added.

But the term that is absolutely not justified is asserted in X.1.e.:
RealEase may also use, without compensation to you, any ideas, concepts, know-how or techniques contained in any communication you send to the ShogoLive for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products using such information.

Sharing your photos can be wonderful. Just be careful who you share them with.

Thanks to Matt Forrest for submitting this alert.