Alert: MSNBC Takes Unlimited License of Your Photo and More
The Today Show is soliciting photos or video for their “10 most beautiful places in the United States” series. Unfortunately, by just submitting your photo, MSNBC gets an:
. . . an irrevocable royalty-free, worldwide right, in all media (now known or later developed) to use, publish, alter or otherwise exploit your Submission and to sublicense such rights to a licensee at MSNBC’s discretion.
Note that MSNBC can even license your photo to others. But while you can’t sue MSNBC . . . :
You hereby forever release MSNBC and any of its licensees from any and all claims you might have in connection with its use and exhibit of your Submission as set forth above. . . . You waive any claim of infringement (including without limitation copyright, trademark, patent, trade name, trade secret, etc.) against MSNBC or its licensees based upon access to or use of your Submission.
MSNBC can sue you or get you to indemnify MSNBC:
. . . by submitting your Submission, you represent and warrant that: it is your sole original work; and you have obtained any and all consents, approvals or licenses required for you to submit your Submission (including obtaining the written consent of all 3rd parties, where applicable). . . . You agree to indemnify and hold harmless MSNBC from and against any and all claims, losses, costs, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys; fees) which arise out of any breach of this agreement or any of these covenants, agreements, obligations, rights, representations or warranties set forth herein.
That’s enough to make America a little less “beautiful.”
Thanks to Joe Becker for submitting this alert topic.Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!