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Offline AshSimmonds

  • Geekitecht

  • Joined: Feb 2006

  • Drives: GF's shitbox :(
  • Location: Adelayed
  • Name: Humble Narrator
  • www: AshSimmonds.com
Got this email, what's going on here?

Quote
Congratulations!  Your product, {link to photo} has been chosen to be featured on a new feature called “Lords of Bad Axe”.

Please sign the attached release form and return it by either replying to this email directly or via fax.

So are they basically trying to get free stuff out of photographers/artists by congratulating them on winning a chance at having their stuff used?



Quote
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner hereby grants Alive and Kicking, Inc. (“Producer”) and its parents, subsidiaries and affiliates, licensees, successors and assigns, the right, but not the obligation, to incorporate the Artwork described above (the “Property”) in any manner Producer sees fit in the television motion picture tentatively entitled “LORDS OF BAD AXE” (the “Program”), and to use and authorize others to use the Property as so incorporated in the Program, and any sequels or remakes thereof,  and in the distribution, sale, licensing, marketing, advertising, promotion, exhibition and other exploitation of the Program (or any element thereof) in all markets and media (whether now known or hereafter developed), throughout the universe, in perpetuity, and agrees and acknowledges that Producer may assign this Agreement, in whole or in part, at any time to any party.

If real people are depicted in the Property, Owner acknowledges that in photographing the Property, Producer is depicting or portraying any person(s) appearing therein in the Property, either directly or indirectly.  Owner hereby releases Producer and Producer’s successors, assigns and licensees, from any claim of any kind or nature whatsoever arising from the use of the Property, including, but not limited to, those based upon defamation (including libel and slander), invasion of privacy, right of publicity, copyright, or any other personal and/or property rights (“Claims”) and agrees that Owner will not now or in the future assert or maintain any Claims against Producer, or Producer’s successors, assigns and/or licensees.  In no event may Owner terminate the rights granted hereunder, or seek or obtain injunctive relief or other equitable relief with respect to the rights granted hereunder or the Program.

Owner warrants and represents that Owner has the right to grant all rights granted herein and that Producer's use of the Property as permitted herein will not infringe on the rights of any third party. Owner will indemnify and hold Producer, and Producer’s parents, successors, licensees and assigns, harmless from and against any and all claims, damages, liabilities, costs and expenses arising out of any breach of the foregoing warranty. Owner acknowledges that Producer is proceeding with the production, distribution and exploitation of the Program in reliance upon and induced by this Agreement, at substantial cost to Producer. Owner represents that Owner is the owner and/or authorized representative of the Property, and that Owner has the authority to grant Producer the permission and rights herein granted, and that no one else’s permission is required with respect to the rights herein granted



Offline dodger

  • Tommy Gunna

  • Joined: Dec 2009

  • Location: Melbourne
Got this email, what's going on here?

So are they basically trying to get free stuff out of photographers/artists by congratulating them on winning a chance at having their stuff used?

Thats bullshit they just want you to release the copyright so they can nick it and claim it as their own.



Offline dkabab

there was a big thing a while ago where some people found their photos that they had posted on flickr were being used on billboards for some company.... turned out that by publicaly posting your images on flickr you were giving up copyright on the images as they were public property or something like that. cant remember the exact details.



Offline 98octane

there was a big thing a while ago where some people found their photos that they had posted on flickr were being used on billboards for some company.... turned out that by publicaly posting your images on flickr you were giving up copyright on the images as they were public property or something like that. cant remember the exact details.

Not sure that's true with Flickr.  For all my Flickr images, I expressly reserve all my rights or create a Create Commons licence.  In no case could someone legally use my Flickr images for commercial use without my prior permission.



Offline dkabab

Quote
Virgin Mobile ad copyright
In 2007, Virgin Mobile launched a bus stop ad campaign promoting their cellphone text messaging service using the work of amateur photographers who uploaded their work to Flickr using a Creative Commons by Attribution license. Users licensing their images this way freed their work for use by any other entity, as long as the original creator was attributed credit, without any other compensation being required. Virgin upheld this single restriction by printing a URL, leading to the photographer's Flickr page, on each of their ads. However, one picture depicted 15 year-old Alison Chang at a fund-raising carwash for her church,[36] for which Chang sued Virgin Mobile and Creative Commons. The photo was taken by Alison's church youth counsellor, Justin Ho-Wee Wong, who uploaded the image to Flickr under the Creative Commons license.[36]

The case hinges on privacy, the right of people not to have their likeness used in an ad without permission. So, while Mr. Wong may have given away his rights as a photographer, he did not, and could not, give away Alison's rights. In the lawsuit, which Mr. Wong is also a party to, there is an argument that Virgin did not honor all the terms of the nonrestrictive license.[36]
On November 27, 2007, Chang filed for a voluntary dismissal of the lawsuit against Creative Commons,[37] focusing their lawsuit against Virgin Mobile.[38] The case was thrown out of court due to lack of jurisdiction and subsequently Virgin Mobile did not incur any damages towards the defendant.[39]

[edit] Yahoo! Photos



Offline Doctor

  • Left Sodways
  • Under a Vw, or behind a Camera...

  • Joined: Oct 2008

  • Location: sAdelaide
Not sure that's true with Flickr.  For all my Flickr images, I expressly reserve all my rights or create a Create Commons licence.  In no case could someone legally use my Flickr images for commercial use without my prior permission.

It can and does happen, but that's only the case where someone doesn't reserve rights etc and their photo gets used. It's people who arnt aware of licencing etc that run into the problem. I don't enter photo competitions anymore due to the fact that in most cases, if you win, and in some, if you enter, you lose the rights to the photo.
www.brassmunkymedia.com.au

Oversteer Scares The Passengers , Understeer Scares The Driver



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