As tech consumers, we already have the conditions to believe that almost everything can fall into lengthy and complex terms and conditions that we blindly accept. That old graphic South Park The plot comes to mind.
So it tracks capptu on Tiktok concerns about changing its Terms of Service (TOS). Unconsciously, Capcut is a popular video editing tool owned by Tiktok’s parent company Bondedance. This is Tiktok’s default editing tool, especially among creators who do all their work. There are many posts about the top clause of the service change, but perhaps the most popular and fullest post is from @bymilaholmes, with @bymilaholmes embedded below. Tiktok has more than 7 million views.
Tiktokker presents an interesting case where Capcut’s new terms of service are particularly heavy. Key points of the post claim: 1) Capcut gets permission to upload to all content on its platform, and 2) because you still have the copyright to Capcut content, so if the company is not properly used (for example, playing Pop Star songs without approval, you may have trouble).
A quick look at the new terms of service does reveal frightening legal cases such as “permanent, global licenses.”
But concerns about Capcut’s TOS possible exaggerate. To be clear, the language cited by @bymilaholmes and others does exist. This is the text (highlight) about the license in the latest TOS that updated Capcut on June 12.
“Unless expressly provided in these Terms, you or the owner of User Content will still have copyright and any other intellectual property rights in User Content submitted to us, but by submitting User Content through the Services, you may acknowledge and agree that you allow us to upload such Content to our servers and hereby grant us and our affiliates, agents, services providers, partners and other connected third parties an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide license to use, modify, adapt, reproduce, make derivative works of, display, publish, transmit, distribution and/or store your User Content for providing the Services for you.
You further grant us and our affiliates, agents, service providers, partners and other connected third parties Royalties-free, fully transferable (including licensed under license), using your username, images and similarity global license to identify you as the source of any user content, including content used for sponsorship. ”
This can be read horrible. So… Does Capcut really have permanent access to your content? OK, a little bit, but so are many platforms. And, it doesn’t necessarily mean that companies can treat your content as their own – you still own that intellectual property. But, for example, Capcut can use your content in ads while crediting you. You may have seen ads like this that use user’s posts as promotions. That’s because this language doesn’t seem to be abnormal.
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This is an interesting tiktok that breaks down this fact through @seansvv, a creator who specializes in these fine printing issues.
Creator @Seansvv’s main claims are: 1) There is not much change in Capcut’s TOS, 2) Licensing is aimed at the function of displaying and modifying content in the application, not stealing it, and 3) Licensing is not necessarily a new phenomenon.
Browse it and you will find that this type of licensing and intellectual property language is not unique to Capcut. This is a Very Similar legal persons in Tiktok’s Terms of Service (added focus).
“You or the owner of User Content still owns the copyright in the User Content sent to us, however by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribution and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, Make derivative publishes and/or transmits your User Content in any format and works invented on any platform (now known or invented hereafter).
You further grant us a royalty-free license to use your username, image, voice and similarity to identify you as the source of any of your user content; however, provided that your ability to provide images, sound and similarity may be limited by age limits. ”
Here are some similar texts in the terms used by Instagram (added emphasis):
“We do not claim ownership of content you post on or through the Services and you may share your content with anyone else at will. However, we require certain legal rights (called “licenses”) of your service to provide the Services. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribution, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (Consistent with your privacy and application settings). ”
About a decade ago we wrote a similar clause in Facebook terms in Mashable.
This does not mean that all permissions signed by users when accepting terms of the major platform must be excited. And, to be clear, the chances of blocking or other platforms using these permissions to some extent can always be disturbing. The terms of the copyright and service agreement are complex and can usually be explained. But as @seanvv said in their tiktok: “When it comes to being able to join the platform, actually making money from it or growing followers, it’s kind of like a barrier or trade-off to get in.”
Active online Do It means we may not fully understand or give away a wide range of licensing rights. But that doesn’t necessarily mean you have to find a new non-counter editing tool right away – although there may be other alternative software that doesn’t require these terms.
Mashable has been exposed to Capcut’s new terms of service for comment and will update this story if we receive a reply.
