tag:blogger.com,1999:blog-7553278593406733377.post5450475846805605026..comments2024-03-20T00:37:30.189-04:00Comments on Photo Business News & Forum: Oh, We're So Sorry - Mea Culpa - We didn't mean that!John Harringtonhttp://www.blogger.com/profile/16941161605443479300noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-7553278593406733377.post-65120961530872913432009-05-08T22:08:00.000-04:002009-05-08T22:08:00.000-04:00converse shoes
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Perhaps we will find ways to monetize photos in the future, but right now I think we want to make it the best social photo product out there." <BR/><BR/>Subsequent to that they added the perpetuity clause. And to this day people are responding to facebook's 10 Billion images boast saying its great and keep going.<BR/><BR/>http://paulophotoblog.blogspot.com/2009/01/great-facebook-rights-grab.htmlPaulo Rodrigueshttps://www.blogger.com/profile/00190647858460192668noreply@blogger.comtag:blogger.com,1999:blog-7553278593406733377.post-68368320434254734212009-02-19T17:46:00.000-05:002009-02-19T17:46:00.000-05:00This comment has been removed by the author.Paulo Rodrigueshttps://www.blogger.com/profile/00190647858460192668noreply@blogger.comtag:blogger.com,1999:blog-7553278593406733377.post-1999947793326858642009-02-18T05:43:00.000-05:002009-02-18T05:43:00.000-05:00Try to sleep, I hope that lot of photographer unde...Try to sleep, I hope that lot of photographer understood what you mean.<BR/>Pro try to protect their rights.<BR/>Amateur simply don't.<BR/>I lead photo tours in Africa, last year I went to Guinea Bissau, Guinea Conakry and Mali, there were about 10 photo enthusiast.<BR/>Most of them put their picture on Fotolia and after 1 year they earn 20 dollars. Others partecipated to photo contest and they lost their editorial rights forever...<BR/>I warend all of them dring the trip... But...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7553278593406733377.post-75907006216620732422009-02-17T18:34:00.000-05:002009-02-17T18:34:00.000-05:00This is the kind of stuff that keeps you up at nig...This is the kind of stuff that keeps you up at night? <BR/><BR/>Time for a vacation, John.<BR/><BR/>-KenKen Lopezhttps://www.blogger.com/profile/15319780603739454217noreply@blogger.comtag:blogger.com,1999:blog-7553278593406733377.post-19759527193083672862009-02-17T13:46:00.000-05:002009-02-17T13:46:00.000-05:00Chicago Photographer, while I share your frustrati...Chicago Photographer, while I share your frustration with the state of the legal profession, that language is not on its face ridiculous, and minors can enter into binding contracts... it's just that they themselves can't be bound by them. (The definition of a minor varies from place to place, as well.)<BR/><BR/>In my opinion, that is in there for scare value. If the kid and/or their parents *think* that the contract is binding, they won't fight. Of course, if the situation is such that the minor can renounce the contract, you're quite right, it's useless. (Unless the minor becomes a major and lets the statute lapse... in which case it suddenly becomes binding again!) However, we have to try. Again, it's what we do.<BR/><BR/>You want to blame anybody, blame clients who won't listen to us when we say things like, "Don't let interns do ad layout," and "Don't set up websites that fourteen-year-olds post pictures of themselves on wearing bikinis and drinking beer." We can only serve our clients as best we can. So long as they don't break the law or violate our ethical constrictions, we are bound to help them do stupid things in the least-stupid way possible.<BR/><BR/>MMarcWPhotohttps://www.blogger.com/profile/08065637738819949604noreply@blogger.comtag:blogger.com,1999:blog-7553278593406733377.post-6808110493026623022009-02-17T13:26:00.000-05:002009-02-17T13:26:00.000-05:00Have you seen this - Wikipedia Loves Art, http:/...Have you seen this - Wikipedia Loves Art, <BR/><BR/>http://en.wikipedia.org/wiki/Wikipedia:Wikipedia_Loves_Art<BR/>http://www.flickr.com/groups/wikipedia_loves_art/<BR/><BR/>In cooperation with museums throughout the world no less. None of these museums can claim they do not understand IP or copyright. This contest started through Brooklyn Museum of Art. They are big on Social Media and Collective Art. They have moved on to using Wikipedia and Flckr as direct feeds for content. They are organizing groups of people to meet up at their chosen museum and photograph artworks to illustrate wikipedia articles. Photographers have to belong to a flckr group to submit images through. <BR/><BR/>All images submitted are being required to be labeled as public domain through Creative Commons, and for some museums the lucky winner gets to have their image used in a large advertising campaign for the museum. On bus advertisements and airport brochures.<BR/><BR/>Lucky them.<BR/><BR/>Great articlle, John.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7553278593406733377.post-83780749953929123292009-02-17T12:38:00.000-05:002009-02-17T12:38:00.000-05:00One of the maddening parts is that its not even go...One of the maddening parts is that its not even good lawyers who write this. As much as they go overboard trying to insulate the company and keep the user at arms length, they leave very obvious failures that undo themselves:<BR/>How about this from their TOS:<BR/>"If you are between the ages of 13 and 17, we strongly suggest that you seek parental consent to use the Facebook Service."<BR/><BR/>"Strongly suggest"? Those are minors, who cannot legally enter into a contract. Anything they upload is immune to the TOS. At that point, all the fretting Facebook has done to get the rights they claim they need is moot. If they've gone to the trouble of thinking about parental consent, how about go all the way and require it?<BR/>Who really writes this stuff?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7553278593406733377.post-78407287271796810482009-02-17T09:49:00.000-05:002009-02-17T09:49:00.000-05:00Two things:1) Things like this are why I am slowly...Two things:<BR/><BR/>1) Things like this are why I am slowly moving away from even the tenuous connections I have with mass-market social networking sites. Fortunately, your own host and photoblog software are available for about the same price as coffee. I use the free PixelPost photoblog software - ten minutes to set up, customizable, and the content lives on my server.<BR/><BR/>2) I hope it's clear from the above that as a photographer I do not approve of such things: I rarely enter contests and have been known to write scathing letters when I notice rules like this for them or for other submissions. In fact, when I recently won a magazine photography contest prize, I sent the editor a license for the photograph which specified what I thought were appropriate rights: they accepted it without comment and published the photograph. (Their rules weren't that bad or I wouldn't have entered the contest, but they were a little vague.)<BR/><BR/>That being said, as an attorney, if my client comes to me and asks me for a set of "contest rules," and doesn't specify what they want, the above is exactly what I am going to write. Why? Because it's my job to represent my client to the best of my ability. Whether they use the rights or not is up to them, but if I don't put them in, and some intern uses the photograph for a purpose not allowed by the rights grant, my client gets sued and loses. If I do put them in, they either don't get sued or they don't lose if they do. I do not include "exclusivity" unless explicitly told to, because that's not necessary to protect my client, but otherwise, yes, I'm going to ask for broad rights, forever. Not as a money grab, but as insurance against interns. When you have some way to stop people rooting through old image directories and using stuff inappropriately DESPITE BEING TOLD FREQUENTLY THAT THEY CANNOT DO THIS*, you let me know, and I'll reconsider my stance. Until then, gimmie gimmie gimme. Don't like it, don't enter my client's contest.<BR/><BR/>M<BR/><BR/>*Can you tell I've been in this situation? 'Cause I have.MarcWPhotohttps://www.blogger.com/profile/08065637738819949604noreply@blogger.comtag:blogger.com,1999:blog-7553278593406733377.post-56709563293937283322009-02-17T08:44:00.000-05:002009-02-17T08:44:00.000-05:00This is to you idiots that keep insisting that I p...This is to you idiots that keep insisting that I put up a profile on Facebook or MySpace......go F yourselves.<BR/><BR/>Like I want to make my shit public and let Zuckerberg have ownership to my information and content.<BR/><BR/>Two words.......blow me.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7553278593406733377.post-17380740839923833972009-02-17T08:13:00.000-05:002009-02-17T08:13:00.000-05:00I too wrote about Facebook's policy back in July o...I too wrote about Facebook's policy back in July of 2008. You can read my article at http://www.roweimages.com/blog/2008/07/13/why-i-dont-post-photographs-on-facebook/ if you like.<BR/><BR/>The revised terms recently announced are even more egregious and far reaching than the previous version. They are indefensible in my opinion.Anonymousnoreply@blogger.com