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Author Topic: Popular Photography Contest - Rights Grab Warning!  (Read 7443 times)

Slobodan Blagojevic

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Re: Popular Photography Contest - Rights Grab Warning!
« Reply #20 on: October 15, 2010, 09:21:51 pm »

So they can reprint it their other magazines, later issues of the same magazine or use it to advertise all over the world ? Can they make prints and sell them ? I asked and was told "No". So what it comes down to is they might use your photo later on which might draw more attention to your work all without lifting a finger ? Again, unless I'm missing something I don't see the problem if you know what the rules are before you submit a photo,. It doesn't sound like they're trying to scam anyone. Has anyone complained that they were taken advantaged of ?

Michael,

As they say, verbal promises are not worth "the paper they are written on"  ;) So, them telling you (in private, over the phone) they will not "make prints and sell them" is practically worthless. Even if the person who told you that meant it, that does not mean they are not legally entitled to it at a later stage (including the same person changing his mind). As Harri (feppe) pointed out, change of ownership (and with it business ethics) is quite common these days.

In copyright law, "publishing" means something different than in layman terms, namely it means "the distribution of copies of work to the public by sale...". Defined that way, it certainly encompasses "making prints and selling them". In fact, many newspapers offer prints from their archives for sale.

As for advertising, it is not inconceivable that some big names would like to use your photographs for a major, world-wide promotional campaign. This usually means big bucks, but in this case not for you.

Now, if your only goal is promotion of your work (and possibly your name), then I can not argue with that. However, it is worth asking, what is a perpetual promotion worth for (other than vanity)? If you (or they) constantly promote your work, but see no dime from it, then why doing it (again, other than vanity)? Especially if the monetary benefit goes to a pure for-profit organization, not some charitable institution.

In fairness to your point of view, I understand that such a misuse has yet to take place (i.e., we have not heard anyone complaining - yet), and that my concern might then be purely theoretical. As a matter of fact, I raised the same issue in an earlier thread. But give lawyers enough chance, and one day they will take it. There would certainly be nothing to stop them (legally).

EDIT: As always, I am a big fan of your work, and would prefer you to profit from it, not some fat-cat corporate lawyer :)
« Last Edit: October 15, 2010, 09:31:16 pm by Slobodan Blagojevic »
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Rob C

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Re: Popular Photography Contest - Rights Grab Warning!
« Reply #21 on: October 16, 2010, 05:21:11 am »

Not any more... last year Filipacchi sold Popular Photography and American Photo magazines to Bonnier Corp.:

http://www.bonniercorp.com/news/bonnier-corp-acquires-five-magazine-brands-from-hachette-filipacchi-media-us-1000072410.html

Looks like the change in contest rules is a consequence of the ownership change. I am rather careful which contests I enter, and I am pretty sure such rights grabbing rules were not in place before. 


I didn't know that it had been sold!

I wonder if that will change it dramatically? The original French edition of PHOTO was what it was because of the connection with ELLE magazine and the fashion photography world; unless Bonnier can keep that alive, the US version might well sink into Mining and Cave Photography Holidays in Chile/Two Weeks Sailing with a Camera near Icebergs. On the other hand, maybe that's where the majority of readers would rather go... I stopped buying any magazines a couple of years go. They all seemed irrelevant to my actual life.

Rob C

PhillyPhotographer

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Re: Popular Photography Contest - Rights Grab Warning!
« Reply #22 on: October 28, 2010, 09:28:49 pm »

Thank you very much Slobodan.


BTW I'll have at least 1 photo in the B&W Magazine Single Image Issue that comes out in December

Eric Myrvaagnes

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Re: Popular Photography Contest - Rights Grab Warning!
« Reply #23 on: October 28, 2010, 11:08:14 pm »

Thank you very much Slobodan.


BTW I'll have at least 1 photo in the B&W Magazine Single Image Issue that comes out in December
Great! I'll be looking for it.

Eric
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-Eric Myrvaagnes (visit my website: http://myrvaagnes.com)

PhillyPhotographer

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Re: Popular Photography Contest - Rights Grab Warning!
« Reply #24 on: November 04, 2010, 02:10:38 pm »

Also in the soon to be released print version of Rangefinder magazine with Josef Hoflehner.
http://www.rangefindermag.com/storage/articles/RF1110_Penn_Quintenz-Fiedler.pdf
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