Web hosts and intellectual property

[kjkahn]

For the last 11 years, a Website I run for a small non-profit group has been hosted by Yahoo.  There are more than 2,400 photos, most taken by members or published with permission of copyright owners. There is also quite a bit of historical information. I just got a message from Yahoo stating that they will be spinning off the Web hosting business to Luminate "later in the year." Luminate's terms of service contain this:
......................

By displaying Content on or submitting Content to Luminate for inclusion on the Services, You grant Luminate, its affiliates, Third Party Vendors, contractors and each of their successors and assignees, a worldwide, royalty-free, paid-up, transferable, perpetual, irrevocable and nonexclusive right and license to use, distribute, display, reproduce, publish, perform, syndicate, sublicense, and create derivative works from such Content in connection with Your use of the Services and in any and all media and display in any manner, including for promoting and redistributing all or part of Luminate's websites and Services.
.........................

Is this common in the industry? I certainly will do what I can to avoid ceding any intellectual property rights to a Web host. I need very little in the way of server-side services. I create the content using software on my computer and (currently) upload it with FileZilla. I don't need any script processing. About all I want is site statistics and a few e-mail addresses. I own the domain name. I also have a personal domain hosted by InMotion. Their terms of service seem better but I'm not a lawyer.

Any recommendations or suggestion will be appreciated.

Ken Kahn

[bassman51]

I'm not a lawyer, so take this as one layman's view. 

I believe the key phrase here is "... in connection with your use of the Services ..."   I read this to mean that you give them the right to do what is technically necessary to, for instance, display your photos to users of your website.   Without this right, they couldn't actually provide you with the service, because publishing your material on the service they provide requires your permission. 

Later, they also claim the right to use your material "... for promoting ... Luminate's websites and services."  So they can use your stuff as evidence of a happy customer, even if you're unhappy. 

But again, I'm not a lawyer. 

[Colorado David]

These are the words I find disturbing and that appear to be a rights grab to me.  Still not a lawyer though.

transferable, perpetual, irrevocable and nonexclusive right and license to use, distribute, display, reproduce, publish, perform, syndicate, sublicense, and create derivative works

[pcgpcg]

These are the words I find disturbing and that appear to be a rights grab to me.  Still not a lawyer though.

Not so disturbing if you include more of that quote...

... transferable, perpetual, irrevocable and nonexclusive right and license to use, distribute, display, reproduce, publish, perform, syndicate, sublicense, and create derivative works from such Content in connection with Your use of the Services ...

Bassman51 points that out and I believe he is correct and I'm not a lawyer either.

This is standard fare on all the sites, including Photoshelter, although Photoshelter does a better job of spelling out what it means...
http://www.photoshelter.com/support/terms

[bassman51]

These are the words I find disturbing and that appear to be a rights grab to me.  Still not a lawyer though.

Yes, but only in connection with your use of the service.  I take that to mean that they cannot use it for somewhere purpose, such as selling prints for their benefit. 

[Colorado David]

You may be right and I'm more than willing to be wrong.  However, these words, transferable, perpetual, irrevocable, live beyond your hosting.  You cancel your hosting agreement, but these words live on in perpetuity.  How is this agreement different in its wording from the former agreement you had with Yahoo?  Again, I'm not trying to start a fight, just a healthy discussion about the reach of the agreement.  I am one who likes the wording of contracts to be very obvious and not have to be sorted out by a judge at some later date.

[kjkahn]

As far as I'm concerned, I'm just renting server space and some specified Web services, such as site statistics. If I rent a studio where I take, display, and sell my photos, I'm not granting the property owner rights to do anything with my work. I'd be surprised if' any pro on this forum feels differently. I don't see why this should be any different. I'd like to find a Web host that has no such language in their terms of service.

I know that hosts such as Vimeo highlight subscriber content they think is interesting or otherwise worthy, and subscribers might well like that exposure. Like many, if not most, of you, I own my domain name; not the Web host whose name is not seen by visitors to the site.

Ken Kahn