Photo Attorney

Jan 17, 2009

New York Times Gets A Piece of Your History

NYTimes.com is soliciting photos related to the inauguration for an online collage. But when you submit your photo, you also agree that the NYTimes "may use your image(s) in all manner and media of The New York Times and NYTimes.com, that you have all necessary rights (including copyright, trademark and other proprietary rights) to make the image available to us for all such uses, and you agree to the rules of our Member Agreement.


The Member Agreement also provides:

[Your Submission] may be edited, removed, modified, published, transmitted, and displayed by The New York Times Company and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. . . .

You grant NYT a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions . . . .

By making a Submission, you are consenting to its display on the site and for related online and offline promotional uses. . . .

You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party . . . . You hereby indemnify, defend and hold harmless NYT and NYTimes.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. . . .

Seems to be a tough history lesson.

Thanks to Kenneth Johansson and Clyde Soles for submitting this topic.