Transferring Service Alters Terms of Agreement in Response to Backlash Concerning Licensing Rights Modifications
WeTransfer, the popular file-sharing platform, has updated its Terms of Service, causing a stir among users, particularly in the art community. The changes, set to take effect on August 8, initially raised concerns about the company's use of uploaded content for AI training without royalties or user notification.
However, in response to the public outcry, WeTransfer has rolled back the controversial language related to AI training. The company clarified that it does not use uploaded content to train AI or machine learning models nor sells user content to third parties. Instead, they have revised the clause to grant themselves a royalty-free license only for operating, developing, and improving the service itself, excluding any reference to artificial intelligence or machine learning model training.
This change alleviates concerns for art institutions about unauthorized use of their intellectual property in AI training. However, the revised terms still grant WeTransfer a broad license to use uploaded content in service operations, which could include content moderation or service improvement—though this is standard for many file-sharing platforms and is limited by their privacy policies.
WeTransfer's updated Terms of Service also refer to improving the performance of machine learning models for content moderation policies. While the company does not use machine learning or any form of AI to process content shared via WeTransfer, the new terms grant WeTransfer a license to use uploaded content for operating, developing, commercializing, and improving the service, including for machine learning models.
It is important to note that the updated terms do not specify that WeTransfer will pay users for the use of their content. The company's use of user content is in accordance with its Privacy & Cookie Policy. Additionally, the updated terms do not refer to monetizing derivative works produced based on the transferred content.
WeTransfer, founded in 2009, has been a go-to platform for many art galleries, museums, and other art institutions. These institutions use WeTransfer to send digital images of artworks, exhibitions, and art fair presentations. With the recent updates, art institutions should continue to monitor the terms closely, as the broad license granted to WeTransfer means institutions should still exercise caution and possibly explore alternate platforms if they want more stringent guarantees of content control.
The updated Terms of Service come after WeTransfer was acquired by Italian technology company Bending Spoons last year. Despite the criticism online, the company has not made any explicit exceptions or protections for art or intellectual property owners, so the terms impact all users uniformly.
- WeTransfer's updated Terms of Service mention the improvement of machine learning models for content moderation policies, but the company does not use these models to process content shared via WeTransfer.
- The revised terms grant WeTransfer a license to use uploaded content for operating, developing, and improving their service, including for machine learning models.
- Art institutions, such as galleries and museums, should continue to monitor WeTransfer's terms closely, as the broad license granted to the company means institutions should still exercise caution.
- While the updated terms do not specify that WeTransfer will pay users for the use of their content or refer to monetizing derivative works produced based on the transferred content, WeTransfer's use of user content is in accordance with its Privacy & Cookie Policy.
