When you post photos, reviews, or other content on Airbnb, you give Airbnb a permanent, worldwide, royalty-free right to use, copy, modify, and distribute that content to operate and promote its platform.
This analysis describes what Airbnb's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause grants Airbnb broad and perpetual rights to user-submitted content, including the right to create derivative works and sublicense the content to third parties, which may extend beyond what users anticipate when posting listing photos or reviews.
Interpretive note: The interaction between the perpetual irrevocable license and GDPR erasure rights for EU users creates interpretive uncertainty that may depend on regulatory enforcement and judicial interpretation.
The agreement states that any content users post, including listing photos, profile pictures, and reviews, is subject to a perpetual, irrevocable, worldwide, royalty-free license that Airbnb may sublicense and transfer, and may be used to promote the platform in any media.
How other platforms handle this
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You grant Zoom a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content you submit, post, or otherwise make available through the Services, solely to the extent necessary ...
By submitting, posting or displaying Content on or through the Services, you give Miro a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distr...
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"By making available any Member Content on or through the Airbnb Platform, you hereby grant to Airbnb a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Airbnb Platform, in any media or platform.— Excerpt from Airbnb's Airbnb Terms of Service
1) REGULATORY LANDSCAPE: This provision engages GDPR where submitted content constitutes or contains personal data, requiring that the legal basis for processing be clearly identified and that data subjects retain rights of access, correction, and deletion. The California Consumer Privacy Act may require disclosure of how user content is used and shared. The perpetual and irrevocable nature of the license may create tension with GDPR data subject rights to erasure. 2) GOVERNANCE EXPOSURE: Medium. The breadth of the license, encompassing modification, derivative works, sublicensing, and use in any media, is extensive for a consumer-facing marketplace. The irrevocable and perpetual framing may conflict with GDPR erasure rights where content includes personal data, creating compliance complexity for EU/EEA users. 3) JURISDICTION FLAGS: EU/EEA users have heightened exposure given the tension between the perpetual irrevocable license and GDPR rights to erasure and data portability. California residents may have CCPA-based rights to know how their content is used and shared with third parties. 4) CONTRACT AND VENDOR IMPLICATIONS: Hosts using Airbnb for commercial property management should be aware that professional photography and content they upload is subject to this broad license, including sublicensing rights that could result in content appearing on third-party platforms or in marketing materials without additional compensation. 5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether Airbnb's content license grant, when applied to content containing images of identifiable individuals, complies with applicable biometric and image privacy laws (including Illinois BIPA where applicable). Data mapping exercises should account for user content as a category of personal data subject to GDPR obligations.
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This clause grants Airbnb broad and perpetual rights to user-submitted content, including the right to create derivative works and sublicense the content to third parties, which may extend beyond what users anticipate when posting listing photos or reviews.
The agreement states that any content users post, including listing photos, profile pictures, and reviews, is subject to a perpetual, irrevocable, worldwide, royalty-free license that Airbnb may sublicense and transfer, and may be used to promote the platform in any media.
ConductAtlas has identified this type of provision across 23 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Airbnb.