So if I post a picture of one of my designs on Burdastyle, will the image belong to Burdastyle? Does my design become their design? I remember at one time they had members vote on favorite designs by other members so Burdastyle could offer those designs as patterns on the website. I’d like to post some of my creations on here but first I’d like to be sure about who owns what.

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  • 7dddc9613ac57079351f8a4d299e9aece5cf3908_large

    Jan 9, 2012, 08.07 PMby peaudane

    I found my answer!

    y submitting any Image or Information to the Site, you hereby grant to BurdaStyle and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to, in connection with the operation and/or promotion of the Site, use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted Image or Information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to BurdaStyle include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted Image or Information; By submitting any Image or Information to the Site, you hereby represent and warrant that the submitted Image or Information does not and shall not infringe on any copyright or other right of any third party, and that you have the right to grant any and all rights and licenses granted to BurdaStyle hereunder, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances; You acknowledge and agree that BurdaStyle shall have no obligation to post, display or otherwise make publicly available any Image or Information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any Image or Information that you submit to the Site; You understand and intend that any Image or Information submitted by you to the Site may be available for viewing and comment on by the public, and understand that comments with which you disagree or are unhappy about may be published or otherwise become associated with any Image or information you submit to the Site. By submitting any Image or Information to the Site, you hereby waive any privacy expectations that you may have with respect to any such Image or Information submitted by you to the Site; You hereby agree to hold BurdaStyle and its affiliates, subsidiaries, licensees and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on the Site, or any other use authorized under these Terms, of any Image or information submitted to the Site by you; Images or information submitted by you to the Site shall be the property of BurdaStyle, and BurdaStyle shall have no obligation to preserve, return or otherwise make available to you or others any photos or information submitted to the Site by you.

    1 Reply
    • Logo4957b_large

      Jan 27, 2012, 12.30 AMby jenss-1

      Technically, you retain the design – it’s just the image (photo) that you are handing over to BS. But keep in mind that fashion designs are not copyrightable in the U.S….

  • Missing

    Jan 14, 2012, 12.07 AMby nephele

    So, if I can de-cipher the legal talk correctly, basically any picture you submit here can be freely used, published and modified by Burdastyle without any compensation for you.

    “Images or information submitted by you to the Site shall be the property of BurdaStyle” I don’t like the sound of that.

  • Missing

    Jan 16, 2012, 01.20 PMby nephele

    I would really appreciate a comment from the Burdastyle crew on this topic. Why is there small print that makes the users’ images the property of Burdastyle? The copyrights to pictures taken by Burdastyle members should belong to them; not Burdastyle. This seems really dubious to me, and makes me not want to contribute my projects on this site.

  • Vvsquare_large

    Jan 22, 2012, 07.24 PMby VeraVenus

    I would also appreciate clarification before I upload any more projects and patterns…..

  • Missing

    Jan 23, 2012, 03.02 PMby nephele

    Having looked a little further into the Burdastyle Terms of Use, and the terms of use of other similar sites, I can tell these kind of business ethics are incredibly common.

    While the terms of use states that “BurdaStyle respects the intellectual property rights of others” under Copyright Policy, they still declare all submitted content “shall be the property of Burdastyle”, and grant themselves and their affiliates the royalty-free right to use, redistribute and modify the content however they like, with no compensation to the original submitter of the image.

    I suggest carefully reading the “8. SUBMITTING CONTENT” paragraph in the Burdastyle’s terms of use (http://www.burdastyle.com/statics/terms-of-use) before deciding to submit any material to this site. Note especially 8. c.

    1 Reply
    • Vvsquare_large

      Jan 25, 2012, 10.40 AMby VeraVenus

      Thank you!

  • Logo4957b_large

    Jan 27, 2012, 12.26 AMby jenss-1

    As mentioned above, this sort of thing is fairly common when sites depend upon user generated content. I think that the key part is the limitation “in connection with the operation and/or promotion of the Site” in 8c. Still, considering that this site is promoted as a “community” I think that us users would appreciate it if BS would also specify that they won’t use it anywhere other than on the site itself and that the user will be contacted if any non-project page usage is sought. That would make it a bit more equal. In any case, you still freely own your copyright otherwise—the license does not say that display is exclusive to BS. I guess it’s all a trade-off for the “service” of being able to post your photos online & get feedback. —But don’t post anything that you don’t want floating around on the web for perpetuity!

    1 Reply
    • Missing

      Jan 27, 2012, 10.38 AMby nephele

      My biggest problem is with the phrase "Images or information submitted by you to the Site shall be the property of BurdaStyle”, because it quite frankly overrules every other thing said about their respect for the copyrights of the submitter of the material.

  • Logo4957b_large

    Jan 28, 2012, 02.16 AMby jenss-1

    Reply to nephele: If we are talking about U.S. copyright law (and much of the rest of the world), then this is a licensing agreement—that means that when I agree (here, by the act of uploading a photo)—I am voluntarily giving BS some of my copyrights to the image. This is primarily the right to display the image. In other words, I am allowing BS (the right) to reproduce my photo on the website. If there was no such license agreement, then BS would indeed be violating my copyright and the federal law if they displayed it on the website. The license agreement is (legally) necessary for BS to be allowed to show my photo on the website. Also, server space is not free. So, by receiving this free service (seeing my photo on the website and being able to share it) BS reasonably needs to get some kind of license from me, the user. Also, I think that the image becomes BS property because of this— just think of all the problems that would occur if it wasn’t BS property—they would be responsible for maintaining the property of others and maybe would never be able to delete it. That said, I think that the potential uses in the license agreement could be a little more tailored as I said above.

    Disclaimer: I am in no way affiliated with Burdastyle or burdastyle.com and I am not speaking on their behalf in any way. This is just my opinion. I happen to be somewhat of specialist in this area (copyrights), but be aware the above is just my personal opinion—it is not legal advice and should not be construed as legal advice. (Sorry, but had to be clear about that).

  • Img_0333_large

    Jan 29, 2012, 02.56 AMby sew4my3

    Hey Members!, So sorry I’ve missed your query. I have sent this in to the team for clarification and you should get an answer when they get back in the office on Monday.

    Happy sewing from your friendly Burdastyle Moderator!

    2 Replies
    • Vvsquare_large

      Mar 14, 2012, 10.58 PMby VeraVenus

      I’m still hoping for some clarification here in relation to patterns uploaded on this site …..!

    • Img_0333_large

      Mar 15, 2012, 12.59 AMby sew4my3

      Hello.

      I just wanted to let you know that I sent a reminder about this link/issue to the team. Hopefully they will have an answer soon.

      Thanks for your patience!

  • Letterbicon_large

    Mar 26, 2012, 08.44 PMby burdastyle

    Hi Guys,

    We apologize for the delayed reply, but are happy that clarification is being requested for this issue, as it is an important one.

    According to our Terms of Use, by uploading your images on BurdaStyle, you are allowing us to use it for operational or promotional purposes (refer to section 8, subsection c). This means that you give us the right to further promote your work on our Projects page, on the homepage, on the blog or other aspects of the site. This is necessary for us to be able to host your images. Otherwise, we would have to ask for permission for each and every photo you upload.

    This agreement also gives us the right to use your images in conjunction with promoting BurdaStyle.com. For instance, if we attend a craft fair and have a banner created that features member projects as an example of the wonderful content found on BurdaStyle, we have the right to do so.

    In regards to the ownership of your designs or photos, uploading your content does not mean that you give away your ownership rights. It means that you grant us the rights to use them, but only in the bounds listed in the Terms of Use as stated above.

    Please let us know if you need further clarification.

    1 Reply
    • Vvsquare_large

      Apr 25, 2012, 11.08 PMby VeraVenus

      Thank you very much for that!

  • Missing

    Aug 30, 2012, 05.02 PMby attornywhy

    since it is not copyrighted. you still own it. add watermarks to if you are too concerned about it.

    • This is a question
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