Question
I generally don't like legal questions, however in this case my choice is either to accept an agreement or move on to a different print service, and I'll gladly do the latter if necessary. I was reading the EzPrints.com Terms of Use, and I'm a little confused about part of their terms. I hope I'm just being dumb, and its just a matter of understanding. The part I am confused about is Point B:
PHOTOGRAPHS AND PRODUCTS
A.
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"). You acknowledge that all Products are custom made
to your order and have no market beyond your purchase thereof. As such, all Products are
non-returnable and payment for all Products is required to be made in full in advance.
All items purchased through ezprints and shipped to you are subject to a shipment
contract under which the risk of loss and title for such items pass to you upon our
delivery to our shipping carrier.
B.
You may not reproduce, display,
transmit, distribute or otherwise
exploit the Products, or any portion
thereof, in any manner, including,
without limitation, print or
electronic reproduction, publication
or any display of photographs, without
the prior written consent of ezprints.
While you can add captions and
descriptions to the photographs in
your account in accordance with the
terms hereof, you agree not to
otherwise modify, alter or otherwise
manipulate any Product, including
without limitation, adding other
material to a Product, without
ezprints's prior written consent.
C.
...
To me, Point B sounds like EzPrint is telling me I can't modify, reproduce, transmit, distribute, or otherwise exploit my own works if they are printed through them. That sounds rather ludicrous, as there is no way in hell I am giving up my right to rework, print, distribute, and sell my own property simply because I printed it through EZPrints. I am also not going to limit what I do or who I sell to with any print I farm out, however given the wording of this agreement, it sounds like EZPrint is trying to say just that.
What am I misunderstanding here?
Answer
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.
Check more discussion of this question.
