Giving away my rights to my work when posted to a website

[Paul]

I've been looking at these sites that allow us to get a book printed with out photos in them. They sound like a good idea. I was signing up for a one site when I decided to skim through their terms and conditions. I found this:

"You hereby grant to XXXXX an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use any Content that you post on the Website in any and all media (now known or later developed) throughout the world, but excluding any Content that is included solely in Books that you submit to XXXXXXX for print services in accordance with the term of this Agreement. You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth in this section for the Content that is published or displayed ("posted," as used herein) on the Service or in any Books submitted by you for print services, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity. For purposes of this Agreement, "Content" means any and all postings, messages, text, files, images, photos, video, sounds, works of authorship, feedback, bug reports, or other materials."

I am not a lawyer, but it sure looks like I am giving them the right to do anything they want with my photos, for no charge if I post it on their website. However, if I send them photos to only print in a book, I am NOT giving up my rights.

I would appreciate your opinions on this.

Thanks.

[Kevin]

I'm no expert either but I don't think that sounds too good. I hate that when companies do that and embed it in the fine print. Makes you almost feel used.

[dmwphoto]

Good catch but if you are careful only to submit works for your book I do not think you give anything up. (as you noted above)

[mdephoto]

I would be surprised if that is not that typical for a lot of web sites where people post their photos. They probably make their money off of selling the photos and funding their hosting expenses. Not good at all. Good catch and, if it were me I am not sure I would trust them all that much on the book side either......

[Bobby]

Thanks for posting that information, fine print of any agreement should be carefully read.