What is the law's view on someone uploading a picture to a web site stating in the site's terms and conditions that the picture becomes the property of the web site for commercial use?
What if the person uploading the picture is not the person in the picture not their legal representative?
Is the legal liability passed onto the person that uploaded the picture?
1 Answer from Attorneys
Re: Internet Photography
In terms of enforceability of the web site's terms and conditions, it depends on several factors. One will be whether the facts indicate that the user has indeed consented to be bound by the terms and conditions. Another one will be whether if the terms are conscionable and not overbroad. Assuming that the terms are not unconscionable and the facts do indicate that the user has consented to be bound by the terms and conditions (some states rule that clicking on "I Accept" will suffice as indicating consent)then yes, the picture may become the property of the web site for commercial use.
From the terms and conditions I have reviewed, the liabiity does pass onto the person who uploads the picture.