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Users who submit content such as family trees, photos, audio and video recordings, stories, comments, and annotations grant Ancestry a non-exclusive, sub-licensable, worldwide, royalty-free license to host, store, index, copy, publish, distribute, create derivative works of, and use that content to provide, promote, or improve the Services. Ancestry also asserts ownership of any indexes and compilations that include user content, and states it may use those compilations even after user content is deleted.
This analysis describes what Ancestry'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 provision establishes that Ancestry may create derivative works from user-submitted content and retains ownership of indexes and compilations incorporating that content beyond the point of user deletion. The sub-licensable nature of the license permits Ancestry to extend these rights to third parties consistent with the Services.
Interpretive note: The scope of Ancestry's claimed ownership of indexes and compilations after user content deletion, and its interaction with GDPR and CCPA deletion rights, is not fully defined in the document and may be subject to regulatory interpretation.
The updated Terms footer no longer includes a direct link to 'Do Not Sell or Share My Personal Information,' a disclosure mechanism required under California's CCPA. California residents retain the legal right to direct Ancestry not to sell or share their personal information, but the footer no longer provides a prominently placed navigation point to exercise that right. Ancestry's privacy notice continues to reference CCPA compliance and provides other disclosure language, but the specific footer link has been removed.
View change record →The updated terms reduce the out-of-pocket costs consumers must pay to arbitrate disputes against Ancestry. Previously, consumers and Ancestry shared filing fees, arbitrator fees, and hearing expenses equally unless an arbitrator found the arbitration frivolous; now, if an arbitrator determines the arbitration is non-frivolous, Ancestry covers all JAMS-invoiced fees. Separately, the revised terms establish that Ancestry will pay all mediation fees, whereas both parties previously shared this cost. The removal of language describing alternative AAA procedures narrows the stated dispute resolution pathway.
View change record →California residents who rely on the Terms and Conditions footer to find the option to request that Ancestry not sell or share their personal information will no longer see that link in that location. While the underlying CCPA right to opt out likely remains available, the removal of this navigation path from the terms page makes the right less discoverable. California residents should verify that they can still access opt-out functionality through Ancestry's website or contact the company directly if they cannot locate the feature.
View change record →Under this clause, content submitted by users, including family trees, photos, recordings, and annotations, is subject to a worldwide royalty-free license that includes derivative works creation and sub-licensing. Deleting content terminates Ancestry's license for that content, subject to the limitation that content already used by other users remains accessible, and Ancestry retains ongoing rights to indexes and compilations.
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"By submitting Your Content, you grant Ancestry a non-exclusive, sub-licensable, worldwide, royalty-free license to host, store, index, copy, publish, distribute, provide access to, create derivative works of, and otherwise use Your Content to provide, promote, or improve the Services, consistent with your privacy and sharing settings. You can terminate Ancestry's license by deleting Your Content, except to the extent you shared Your Content with others and they have used Your Content. You also agree that Ancestry owns any indexes and compilations that include Your Content and may use them after Your Content is deleted.Excerpt from Ancestry's Terms and Conditions
1. REGULATORY LANDSCAPE: The license grant engages copyright law with respect to user-generated content, particularly for professionally created genealogical research materials or licensed photographs submitted by users. The GDPR's right to erasure framework applies to personal data within user content for EU users, though the erasure right may interact with Ancestry's assertion of ongoing rights to indexes and compilations. The CCPA's right to deletion similarly applies to personal information within user content for California residents. 2. GOVERNANCE EXPOSURE: Medium. The assertion that Ancestry owns indexes and compilations including user content and may use them after deletion creates a tension between user deletion rights and Ancestry's claimed derivative works ownership. The scope and operational implementation of this assertion are not fully defined in the document. 3. JURISDICTION FLAGS: EU users have GDPR-based erasure rights that may interact with the compilation retention assertion. California residents have CCPA deletion rights applicable to personal information within user content. The enforceability of the compilation ownership assertion against deletion requests may vary by jurisdiction. 4. CONTRACT AND VENDOR IMPLICATIONS: Researchers, professional genealogists, or institutional users who submit substantial original research or licensed content should assess whether the royalty-free license scope is consistent with their content ownership or licensing obligations. 5. COMPLIANCE CONSIDERATIONS: Legal teams assessing data subject deletion requests from EU or California users should evaluate whether the compilation retention provision is consistent with GDPR erasure obligations and CCPA deletion requirements. The sub-licensable nature of the grant should be assessed in the context of any third-party data sharing arrangements.
This provision establishes that Ancestry may create derivative works from user-submitted content and retains ownership of indexes and compilations incorporating that content beyond the point of user deletion. The sub-licensable nature of the license permits Ancestry to extend these rights to third parties consistent with the Services.
Under this clause, content submitted by users, including family trees, photos, recordings, and annotations, is subject to a worldwide royalty-free license that includes derivative works creation and sub-licensing. Deleting content terminates Ancestry's license for that content, subject to the limitation that content already used by other users remains accessible, and Ancestry retains ongoing rights to indexes and compilations.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Ancestry.