Topic: Defend your photographic rights. (Read 4649 times)

BFoto · « **on:** May 11, 2011, 10:19:56 pm »

Twitpic rights grab....

'TwitPic is claiming a "worldwide, non-exclusive, royalty-free, sublicenseable and transferable license" on all images uploaded to the service, as the firm signs a deal with celebrity photo agency WENN'

http://www.bjp-online.com/british-journal-of-photography/news/2070167/twitpic-signs-controversial-deal-celebrity-photo-agency

bill t. · « **Reply #1 on:** May 12, 2011, 02:45:41 am »

Only a twit would upload there! At least they don't mince words, have to give them that.

Rob C · « **Reply #2 on:** May 12, 2011, 04:48:35 am »

Quote from: bill t. on May 12, 2011, 02:45:41 am

Only a twit would upload there! At least they don't mince words, have to give them that.

You see? The world is a fair place after all!

On a more serious note, it does demonstrate where photography is headed. I'm so glad neither of our kids felt tempted to follow my footsteps; perhaps they read the signs better than did I. Or just couldn't understand the point, if there was one in the first place.

Rob C

Rocco Penny · « **Reply #3 on:** May 12, 2011, 11:23:05 am »

I'm a beginner and am sure nobody wants to steal my work just yet,
but,

this is not a rights grab,
it is stealing.
Just like on CL Creative GIGS where people genuinely place ads with the stipulation of "NO PAY"
but that the exposure and portfolio building experience will be pay off enough.
Bunch of cheep low down skunks who will forever be nobodies asking for free photos of their too expensive wedding or stupid modeling.
Forget it.
I'd rather spend the time heckling the fools and their too cheep lowdown BS.
Let 'em call Uncle Ernie or whomever to supply their free photography.
We all need to stand fast on this point or it will continue until the only folks getting paid for their work are lawyers.
Or politicians.
They'll be the last in line to take a hit like this.
Ask a lawyer to make a free will or a city planner to coordinate a community project for free. HAHAAHAHA
I hate to be such a young curmudgeon,
but I'd rather donate my work to old folks homes, hospitals, daycare centers, or my own friends and family than to support the corrupt devils that would ask for free work

feppe · « **Reply #4 on:** May 12, 2011, 04:28:03 pm »

Quote from: Rocco Penny on May 12, 2011, 11:23:05 am

this is not a rights grab,
it is stealing.

You might want to check your dictionary for the definition of "stealing." It doesn't mean what you think it means.

If Twitpic clearly states their rights policy I don't see a problem - don't upload pics to them.

BFoto · « **Reply #5 on:** May 12, 2011, 07:27:37 pm »

Agreed....

Moral is, boycott twitpic.....but most wont, especially the non-photogs and if someone takes a tremendous one off, had to be there kinda image (Osama eating prawns on the USS Independence), with an iPhone 5 (think 12mpix, zeiss lens) in the future and uploads to twitpic, and then has it distributed by twitpic, who then make a fortune.....i don't care how much an armature the photographer is, it's still there image.

Wrong..

Rocco Penny · « **Reply #6 on:** May 12, 2011, 10:32:20 pm »

Quote from: feppe on May 12, 2011, 04:28:03 pm

You might want to check your dictionary for the definition of "stealing." It doesn't mean what you think it means.

If Twitpic clearly states their rights policy I don't see a problem - don't upload pics to them.

I could be taken to the carpet for this, but,
if you have sexual relations with a retard it's rape-
if you have your kids supply free labor on your ranch for paying boarders it's slavery-
if you make your wife dig the gunk out of your toenails under threat of leaving her if she doesn't it's sick,
and if you try and get someone else's property by fraud or just being smarter than them,
IT'S STEALING

Rob C · « **Reply #7 on:** May 13, 2011, 03:25:05 am »

Quote from: BFoto on May 12, 2011, 07:27:37 pm

Agreed....

Moral is, boycott twitpic.....but most wont, especially the non-photogs and if someone takes a tremendous one off, had to be there kinda image (Osama eating prawns on the USS Independence), with an iPhone 5 (think 12mpix, zeiss lens) in the future and uploads to twitpic, and then has it distributed by twitpic, who then make a fortune.....i don't care how much an armature the photographer is, it's still there image.

Wrong..

Some snappers are really, really wired!

Rob C

BFoto · « **Reply #8 on:** May 13, 2011, 06:34:21 pm »

Seems i was too quick, or this never floated to the surface as quick as it shoud've.

http://blog.twitpic.com/2011/05/your-content-your-copyrights/

feppe · « **Reply #9 on:** May 13, 2011, 09:01:57 pm »

Quote from: BFoto on May 13, 2011, 06:34:21 pm

Seems i was too quick, or this never floated to the surface as quick as it shoud've.

http://blog.twitpic.com/2011/05/your-content-your-copyrights/

Seems to be SOP these days, either:

a) Write the most outrageous TOS to see if someone complains, playing dumb when called upon it, and toning it down to barely tolerable levels (boiling a frog and all that)
b) Companies not reading their own legalese

BFoto · « **Reply #10 on:** May 14, 2011, 01:50:36 am »

EduPerez · « **Reply #11 on:** May 16, 2011, 03:13:38 am »

Quote from: feppe on May 13, 2011, 09:01:57 pm

a) Write the most outrageous TOS to see if someone complains, playing dumb when called upon it, and toning it down to barely tolerable levels (boiling a frog and all that)

The Streisand effect, perhaps?

louoates · « **Reply #12 on:** May 16, 2011, 10:28:30 pm »

I think they have every right to try to get free stuff from the gullible. At least they're up front about their terms. I would suggest, in the interest of fairness to the weak minded, they run this disclaimer:

WARNING: You must be really stupid. You will be working for us for free. We will take your images and make money from them as long as we want. You will have no say over your images you upload to us forever. Please tell all your dumb friends to upload their images too. We'd love to screw all of them too. We won't pay you for referrals either.

PierreVandevenne · « **Reply #13 on:** May 17, 2011, 03:11:04 am »

That's assuming the uploaded pics have value. For the immense majority of them, it is not the case. If one thinks about it, there are countless of lotteries running all over the world at any time, and dozens of winners of $1.000.000+ prizes every week. Statistically, the probability of winning a lottery is much higher than having one valuable newsworthy pic "stolen" by what would have normally been an otherwise paying customers. And assuming you have such a newsworthy valuable pic and want to monetize it, you need a channel and usually some kind of structure in place to invoice the sale properly. And in the even more unlikely case you have frozen an historic moment and you are the only one to have done so, major agencies will pick it up and won't steal it because of the potential later legal consequences, of which everyone is aware by now.

Now, in today's world, it seems huge streams of trash have intrinsical value, but that's another story.

EduPerez · « **Reply #14 on:** May 17, 2011, 03:39:09 am »

Quote from: PierreVandevenne on May 17, 2011, 03:11:04 am

That's assuming the uploaded pics have value.
[...]

Well, Twitpic thinks those photographs have a value... they are even willing to bet their own money on this, after all.

PierreVandevenne · « **Reply #15 on:** May 17, 2011, 05:07:50 am »

Not the pics per se. The stream of trash has. And the zillions of pairs of eyeballs that come with it.

http://mixergy.com/twitpic-noah-everett/

BFoto · « **Reply #16 on:** July 06, 2011, 08:09:06 pm »

Looks like google in on the act now....

http://photofocus.com/2011/07/06/google-plus-read-the-fine-print-before-you-sign-up/

“By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.”

“You agree that this license includes a right for Google to make such Content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.”

“You understand that Google, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Google to take these actions.”

One giant stock agency and it cost them nothin.

RSL · « **Reply #17 on:** July 06, 2011, 09:09:39 pm »

Wow! Wonder what those Google attorneys take for nerve medicine.

Gary Brown · « **Reply #18 on:** July 06, 2011, 09:10:59 pm »

Assuming he's referring to the Google Terms of Service (see Section 11), note that he omitted a sentence (“This license is for the sole purpose of enabling Google to display, distribute and promote the Services…”).

EduPerez · « **Reply #19 on:** July 07, 2011, 01:41:07 am »

Even if all that boilerplate may seem outrageous, the fact is that most of it is technically needed to make the service run. When you upload a picture to Google+, you expect them to keep it, don't you? Well, they need your consent for that. Do you want others to view that picture? Consent to reproduce, publish, display. Show thumbnail? That is a modification. Other formats? Adapt ...

Author Topic: Defend your photographic rights. (Read 4649 times)