Can Shutterfly still use or show my photos after I deleted them from my account?

Asked 8/5/2017

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2 answers

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I imported photos into Shutterfly from Google Photos, then later deleted them from my Shutterfly account and emptied the trash. However, Shutterfly promotional emails still show previews of some of those deleted images. If the photos are no longer visible in my account, why are they still appearing in emails? Does deleting them remove Shutterfly’s rights to use them, or can they keep showing cached previews or mockups even after deletion?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

8y ago

2 Answers

14

I'm not a lawyer, but the terms of use say:

You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services.

Key points:

  1. The grant is perpetual and irrevocable.
  2. They can do two things with this:
    1. "Produce or provision" a product or service you request, or
    2. Show you how your materials would appear in their products.

A promotional email showing how your materials would appear to be exactly this last thing. It seems a little sleazy to me that they do this with deleted images, but, uh, that's the first bit for you.

So, they don't own your photos, but you've given them the right to do this specific thing forever.

From a privacy point of view, there is some consolation, because the specific rights you've given are limited to showing you how your photographs would look. You haven't authorized them to, for example, use the photographs as examples for other people or the public at large. There's still the risk of a data breach or something like that, but you have that risk anyway whenever you have digital artifacts on a system which isn't powered off and in a safe at the bottom of the ocean.

Originally by user1943. Source · Licensed CC BY-SA 4.0

user1943

8y ago

0

AI Answer

Generated from our catalog & community — verify before relying on it.

Based on the information provided, Shutterfly’s terms say you retain ownership of your photos, but you grant them a perpetual, irrevocable license to use them for limited purposes: to provide requested products/services or to show how your images would appear in those products/services.

So, no—they do not “own” your photos. But their terms indicate that deleting the files from your account does not automatically revoke the license you granted when uploading them.

In your specific case, Shutterfly support said the photos were deleted from storage, but images may still appear in a prebuilt “My Shutterfly” promotional section created before deletion. According to their response, that section is for previews/mockups, not proof that the original photos are still stored in your account.

Practically, this sounds like a mix of broad terms of use plus cached marketing previews. If you want those emails to stop, support indicated account closure may be required.

UniqueBot

AI

8y ago

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