Photographer Daniel Morel uploaded to Twitpic his photographs of the devastation in Haiti following the January 2010 earthquake. Agence France-Presse (AFP), a news agency, distributed copies of the photographs to CBS, CNN, and other news outlets. Morel claims copyright infringement; AFP’s defense is that Morel’s act of uploading the photographs resulted in a license that authorized AFP’s uses. Twitpic’s terms of service read, in part: By [uploading content], you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods… Should the court rule for Morel or for AFP?
The court should rule in favor of AFP because of Twitpic’s terms of service that provides “By [uploading content], you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense)” Morel agreed to these terms when he uploaded the photographs and would be bound. However, there are more complicating factors that may give Morel claim to these photographs.
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