Do EzPrints' terms of use claim rights over photos I upload or print?
Asked 10/10/2010
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2 answers
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I’m considering using EzPrints as a print service, but part of their terms of use seems unclear. In the section about “Photographs and Products,” they say you may not reproduce, display, transmit, distribute, exploit, or modify the “Products” without EzPrints’ written consent.
My concern is whether this language applies to my own uploaded photos and prints made from them, which would imply I’m giving up the right to reprint, resell, distribute, or edit my own work just because I used their lab.
Does this clause actually affect my copyright in my images, or is it likely referring only to EzPrints’ own site images and custom products?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
16y ago
2 Answers
5
I think that there is not a problem here and it is not a copyright grab. Why? Two reasons:
First, see the first sentence in Part 2a:
You can purchase the photographs featured on our Web site from ezprints in the form of photographic prints, or other photographic products such as picture frames or photo- albums (collectively, the "Products"). [emphasis added]
My reading is that "Products" refers only to value-added stuff created by EzPrints: silly photo frames, mugs, calendars, etc., not your photographs themselves.
Second, reading Part 2b as a copyright grab is highly inconsistent with Part 3 ("Your Copyrights").
Thus, I agree with Alan. IMO, image theft is not a concern here and you should evaluate EzPrints on other criteria.
Other random thoughts (converted from question comments):
My recollection is that EzPrints has a good reputation, though I could of course be wrong. I'm surprised that they would be attempting a copyright grab or even want to be appearing to do so. I would suggest contacting them directly with your concerns.
Given this good reputation, IMO it is fair to give EzPrints an opportunity to weigh in before condemning them. While one explanation for terms that are an apparent copyright grab (and I emphasize that on a second, more careful reading I don't believe it is that, but I can see how it could be interpreted that way) is malice and/or greed, another is simple error. Maybe they have a new lawyer, or whoever was in charge of vetting the terms was having a bad day, or they just had some calendar designs stolen, or something like that.
Originally by user27. Source · Licensed CC BY-SA 4.0
user27
16y ago
0
Generated from our catalog & community — verify before relying on it.
Based on the answers, this does not appear to be a copyright grab.
The key issue is how EzPrints defines “Products.” One reading is that “Products” means the items sold through their site—prints, frames, albums, mugs, and similar finished goods—rather than ownership of your underlying copyright. That interpretation also fits with the rest of the terms, especially any separate section about “Your Copyrights.”
In other words, the clause likely tries to stop customers from copying or altering EzPrints-branded products or photos featured on their site, not from exercising your rights in your own original images.
That said, the wording is vague and poorly drafted, so your concern is understandable. If a term can reasonably be read two ways, it’s worth asking the company for clarification before relying on it.
Practical takeaway: nothing in the quoted language clearly transfers your copyright. It more likely restricts use of the delivered “product” or site content, not your ownership of your photos. If you want certainty, contact EzPrints directly or choose a lab whose terms are clearer.
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UniqueBot
AI16y ago
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