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10/02/2006 08:02:54 PM · #1 |
Ellen wants Fall photos to brighten her day. She works in Los Angeles, CA where there is basically no Autumn season. She has a submission form online.
I thought you might like to see the photo I sent to her:
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10/02/2006 08:08:37 PM · #2 |
| Looks like you are giving her all the rites to the photo. |
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10/02/2006 08:29:20 PM · #3 |
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10/02/2006 08:31:03 PM · #4 |
| Hmmm... I took it to mean that you won't get your print back, or whatever medium you send it on. It doesn't mention copyright at all. |
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10/02/2006 08:35:33 PM · #5 |
| They have to have the rights to it or you would sue them once they put it on the show. I don't think they mean any harm although if they were jerks, they probably could do some. |
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10/02/2006 08:37:51 PM · #6 |
I agree with Count, it looks like the standard "we don't mail anything back to you" language that has been on everything forever, not a copyright seizure.
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10/02/2006 08:39:14 PM · #7 |
Originally posted by karmabreeze:
I agree with Count, it looks like the standard "we don't mail anything back to you" language that has been on everything forever, not a copyright seizure. |
I agree. They're simply ensuring that they'll be able to use it on the show without a problem, nothing more. |
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10/02/2006 08:39:15 PM · #8 |
Originally posted by boomtap:
They have to have the rights to it or you would sue them once they put it on the show. I don't think they mean any harm although if they were jerks, they probably could do some. |
That's taken care of the the rest of the paragraph, the part where you certify it is 100% yours and doesn't contain someone else's copyrighted material, etc. It's no different than Kodak PotD or what have you.
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10/02/2006 08:42:44 PM · #9 |
Would anyone look down on me if I cheat? LOL Lower Alabama isn't exactly known for its fall colors.
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10/02/2006 09:30:34 PM · #10 |
Originally posted by fotomann_forever:
Would anyone look down on me if I cheat? LOL Lower Alabama isn't exactly known for its fall colors. |
Naaaaaa... nobody would for that... maybe for a whole lot of other things, but not that. :)
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10/02/2006 09:32:37 PM · #11 |
Originally posted by stdavidson:
Originally posted by fotomann_forever:
Would anyone look down on me if I cheat? LOL Lower Alabama isn't exactly known for its fall colors. |
Naaaaaa... nobody would for that... maybe for a whole lot of other things, but not that. :) |
I should send her "the photo which must not be mentioned" and see if that gets used :-)
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10/02/2006 09:41:45 PM · #12 |
Originally posted by scalvert:
Originally posted by karmabreeze:
I agree with Count, it looks like the standard "we don't mail anything back to you" language that has been on everything forever, not a copyright seizure. |
I agree. They're simply ensuring that they'll be able to use it on the show without a problem, nothing more. |
100% rights grab, IMHO. "By submitting Materials, you agree producer may, but is not obligated to, use the Materials in connection with the show, in any way, in any medium, worldwide, in perpetuity."
How could you think "in perpetuity, any medium" isn't a rights grab?? |
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10/02/2006 09:45:14 PM · #13 |
Originally posted by fotomann_forever:
Would anyone look down on me if I cheat? LOL Lower Alabama isn't exactly known for its fall colors. |
Well, Vermont is great for Fall colors. The only problem is that Autumn in Vermont usually means lots of rain as well. The rain makes the leaves fall quickly and of course, the rain makes it hard to get photos. The peak colors only last about three days. It's not peak yet, but very close.
Nice photo, fotomann- I like the soft glow.
Message edited by author 2006-10-02 21:45:38. |
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10/02/2006 09:55:03 PM · #14 |
Originally posted by nfessel:
Nice photo, fotomann- I like the soft glow. |
Well, thank you, much.
The 16x20 print looks pretty good on my wall too. :-)
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10/02/2006 10:02:27 PM · #15 |
Well, I am pretty sure you are right they mean the photo you send, but literally, if you see my emphasis below, they are the SOLE owner. So that means you lose your rights as far as I can see. So lets say I send them a photo, and at the same time, I am still selling it. They could technically sue me!
All photos and any other materials submitted to producer ("Materials") become the sole and exclusive property of producer and cannot be returned at any time. By submitting Materials, you agree producer may, but is not obligated to, use the Materials in connection with the show, in any way, in any medium, worldwide, in perpetuity. Further, you warrant all Materials are 100% original and do not violate the right of privacy or publicity of, or constitute a defamation against, any person or entity; that the Materials will not infringe upon or violate the copyright or common law rights or any other rights of any person or entity; that there are and will be no encumbrances, liens, conditions or restrictions whatsoever upon or affecting such Materials; and that you are at least 18 years of age and the person depicted in the Materials. You agree to indemnify producer and broadcaster for all damages and expenses (including reasonable attorney's fees) arising out of any breach or failure of the warranties made herein.
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10/02/2006 10:10:07 PM · #16 |
| They have complete and full copyright, in fact you no longer can use it because you transfered (sole and exclusive propery of producer (show))it to them if if they never use it. So, do I think they would be angry if you used it or sold it somewhere else, no, not a chance but they could. nshapiro bold faced the phrases perfectly. In reality after you send it to them you can no longer use it commercially for yourself forever (perpetuity). If you don't mind, go for it. If you are not really a professional photog I'de do it for the exposure. If it's a once in a life time photo, nope never submit it to a contest, you have lost it forever that way. If photog is just fun go ahead, let the world enjoy your vision of fall. |
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10/02/2006 10:19:39 PM · #17 |
Originally posted by fotomann_forever:
I should send her "the photo which must not be mentioned" and see if that gets used :-) |
Ummmmmmmmmm wrong gender ; ) |
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10/02/2006 11:11:04 PM · #18 |
Originally posted by chispa:
Originally posted by fotomann_forever:
I should send her "the photo which must not be mentioned" and see if that gets used :-) |
Ummmmmmmmmm wrong gender ; ) |
Send her the Industrial Bronze one then.. haha |
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10/02/2006 11:19:23 PM · #19 |
Does clicking a radio box have as much weight as a signature though? I don't think they could legally have too much ground to stand on, and the court would ultimatly rule that the owner of that photo would still be you since they traded you nothing in return. I think you would still have the rights to any proceeds from it. I really believe they just don't want to be sued by you for posting it on TV.
But then I could be totally wrong. |
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10/02/2006 11:25:46 PM · #20 |
Originally posted by boomtap:
Does clicking a radio box have as much weight as a signature though? I don't think they could legally have too much ground to stand on, and the court would ultimatly rule that the owner of that photo would still be you since they traded you nothing in return. I think you would still have the rights to any proceeds from it. I really believe they just don't want to be sued by you for posting it on TV.
But then I could be totally wrong. |
I'm not a lawyer either, but I suspect it's valid. After all, who would have guessed that opening the shrink wrap on a software package could be considered acceptance of the software license!
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10/02/2006 11:36:07 PM · #21 |
When I worked for Disney, it was drilled into us that we were to refuse to listen to any ideas for anything at all that could be construed as Disney-related. Like if someone had a script idea, or a ride idea, we were to run screaming in the opposite direction. The idea was that if a park guest had casual mentioned it to a cast member and Disney later came up with the same idea, then it didn't matter whether or not the cast member had passed the idea along, that guest could sue Disney over it and get a hefty settlement. The disclaimer is nothing more than long-standing boilerplate, to the point where it doesn't differentiate between digital and print submissions. The producers likely threw it up just to cover their bases, not as a big greedy rights grab, so that if the photo got replayed in Ellen's promo commercials you couldn't sue them for royalties. The idea behind disclaimers like this is more to protect the company from unauthorized use lawsuits than anything else.
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10/03/2006 12:07:18 AM · #22 |
Legaleese translation
All photos and any other materials submitted to producer ("Materials") become the sole and exclusive property of producer and cannot be returned at any time. You give us a paper picture we are not sending it back, and if digital whats the point its just a copy
By submitting Materials, you agree producer may, but is not obligated to, use the Materials in connection with the show, in any way, in any medium, worldwide, We do not have to use your picture but we can in ads and clips and on the show its self
in perpetuity. As well as in reruns as we dont know how may times this will air
Further, you warrant all Materials are 100% original and do not violate the right of privacy or publicity of, or constitute a defamation against, any person or entity; that the Materials will not infringe upon or violate the copyright or common law rights or any other rights of any person or entity; that there are and will be no encumbrances, liens, conditions or restrictions whatsoever upon or affecting such Materials; The picture is yours and you are not stealing it
and that you are at least 18 years of age and the person depicted in the Materials. You are 18 as well as nay people in the picture
You agree to indemnify producer and broadcaster for all damages and expenses (including reasonable attorney's fees) arising out of any breach or failure of the warranties made herein. If you stole this and we are sued you have to pay for the defense
Nope not a rights grab just that they have the right to show it as often as they want when they want, it does not mean you lost your rights. |
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10/03/2006 10:03:43 AM · #23 |
Originally posted by nemesise1977:
Legaleese translation
You agree to indemnify producer and broadcaster for all damages and expenses (including reasonable attorney's fees) arising out of any breach or failure of the warranties made herein. If you stole this and we are sued you have to pay for the defense
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This also means that you have to pay compensation and damages.
If you have any trademarked/copyrighted property in your picture, you are exposed (in the legal sense) if you don't have a correct release.
You are exposed if there is any recognizable person in the picture and you don't have a correct model release.
You may be at risk if the show uses the materials and casts someone in a "false light".
Message edited by author 2006-10-03 10:06:00. |
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