Webcams and copyright - this seems to be one of the big issues online sometimes. Bandwidth thieves, website content stealing, et cetera, these things play a big part in life on the internet; you can hardly visit a webpage without seeing a copyright notice on it (personally, I like Tala’s). If you have a webcam, and you are broadcasting it on your site, then you keep all rights to your image and content, correct? Therefore, should you be posing or “showing” for the camera, then you own the images.
Now, bring in a third-party broadcasting service, such as mplayer.com or webcamnow.com. By broadcasting through them, you are giving up all rights to whatever you say in a chat or do on cam. This includes allowing others viewing you to do whatever they want with this stuff as well…
[from the mplayer.com agreement]“You also grant HearMe the right to authorize the downloading, printing or broadcasting of such material or any portion thereof, by end users for their personal use.“
Got it? Then let’s continue on to webcamnow’s TOS, shall we?
“Webcamnow.com does not claim ownership of any content communicated by users. By placing content on the site, you grant webcamnow a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, fully paid up license, with full rights to grant sub-licenses, to use, reproduce, modify, adapt, translate, create derivative works from, distribute, perform, display and publish the content, in whole or in part, on the site and/or to incorporate it in other works in any form, media or technology now known or later developed.”
Now, if my untrained mind can read this correctly, although webcamnow does not own anything you broadcast, you are giving them the rights to use it if they want to at some point, so you’re essentially allowing them to do what they please, when they please. They have a very short terms of service agreement, and I was not able to find anything that pertained to 3rd parties saving pictures.
What got me thinking about this? I’m on an egroups.com mailing list where people can post captures from webcams, most of which are broadcasting on mplayer’s site. Recently on this list, a young woman’s pictures were posted with her in some… compromising positions. Once she found out, she joined the list to request that her images be removed, which is the one main rule of the list. The list, at last count, has 3215 members who received her image in their mailbox, plus there are countless other people who received it, since the emailing person sent her pics to 3 other mailing lists as well. I myself have her pics residing in my deleted mail folder in Outlook. It’s a bit late to be considering the consequences of her actions, in my opinion.
The question is, since she is broadcasting herself, and by broadcasting agreeing to the terms of service of the site, does she have any rights to the images? Does she have any right to complain? I mean, if you choose to sit naked or “show” for the cam on these sites, and broadcast it through these sites, you must understand that people are watching you. You are not alone.