Folksy Ltd

New paypal wording - cause for concern?

There has been an amendment to the paypal user agreement which takes place from July 1st. They have added a new paragraph to 1. Intellectual Property and it looks to me as if anything we post on a website that is for sale using paypal becomes their copyright. Please tell me someone I am wrong! Otherwise all our photos of our products will be owned by them! This is the wording:

“When providing us with content or posting content (in each case for publication, whether on- or offline)
using the Services, you grant the PayPal Group a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright,
publicity, trademarks, database rights and intellectual property rights you have in the content, in any
media known now or in the future. Further, to the fullest extent permitted under applicable law, you
waive your moral rights and promise not to assert such rights against the PayPal Group, its
sublicensees or assignees. You represent and warrant that none of the following infringe any
intellectual property right: your provision of content to us, your posting of content using the Services,
and the PayPal Group’s use of such content (including of works derived from it) in connection with the
Services.”

What do you think? Anyone a solicitor or studied law here?
Thanks
Kate

sounds scary…

That is so strange…

@sianfolksy When you meet with PP, do you think you can find out about this? We post our photos on Folksy…are we now giving rights of our photos and shop content to PP? What does Folksy think?


I found this article online too. It’s for US sellers but this change is of concern as well:

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Well I am a retired lawyer and in no way would I offer an opinion on this but I can say that this isn’t going to worry me at all.

Hope this helps,
Leslie

I may be wrong but I don’t think that listing something for sale on Folksy constitutes providing Paypal with content. The only thing I can think of that might currently fall under this is uploading your logo to appear on your Paypal packing slips? Perhaps after the split from eBay they are intending to expand their business into new areas where this might be applicable?

Is it as simple as they just want to be sure that no sellers can get into litigation with them if they use their listings as examples? I’m sure that there’s some intent that Paypal has which has been obscured and obfuscated by legal jargon. As all my intentions are always pure, I shall not worry overly about this.

What do they mean about posting content??? What content and where are we supposed to be posting it???

Oh and that Terms of Usage would never hold up in court that’s why many that had it in their T&C’s are removing that wording.

I read it as if you use their services, they will then use what images you have posted in any way in their own business, i.e. marketing and promotion of PP.

I don’t for one moment feel they have people at PP making stuff and ripping off designer/makers. Or that they own the intellectual rights to my creations.

Hi Kate!

I’m in the “Don’t worry about this one” camp. This term is similar to the terms already used by FB, Twitter, Pinterest and Ebay so that they can avoid being sued by people when they promote their site. These terms look very draconian, but they have never been tested in court and I wonder if they can apply at all until such time as you have paid for the service in connection with the image (ie the fees). In English law no contract can exist without consideration (payment) and the services of most of these sites are “free to users” so what is the status of the agreement? Nobody pays Paypal until such time as their item is sold to a third party, so it could raise some interesting questions (interesting if you enjoy sitting undergrad contract law exams, that is!). I think the thrust of all these terms is that if you and a third party get involved in a dispute about them using your photo or stealing your design, FB, Paypal, Pinterest etc, want no part of it and definitely don’t want to be named as second defendant in a court case!

Love Sam x

Did you also notice that in the policies PP says ‘if you don’t agree with our policies, you can close your account?’ How odd! I’ve never seen such wording before.

I called PP yesterday to find out more. I asked if they have rights on our images and shop content if we are selling via an online marketplace. The man said ‘no’. Just that. I asked what does that policy mean then? He transferred me to another department but it was closed at that time.

Then I looked in their Forums and this topic had come up, but PP Admin gave one very vague response to specific questions so no more is explained.

We might not need to worry about it as much, but what’s with the one word and vague responses? Why not explain exactly what this means? We need clarification.

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It’s not new, usually an update says something along the lines of ‘if you don’t agree click this link’ which then takes you to a bit of explanation and the invitation to close your account.

Thanks everyone for your replies. I’m not going to worry about it either, suppose it’s just protocol.
Kate