|
| Author | Thread |
|
|
10/15/2006 01:08:27 PM · #1 |
Contest
There are some easy winners floating around DP, and those are some nice prizes.
Just felt you might want to know. |
|
|
|
10/15/2006 02:32:50 PM · #2 |
Thanks Dan. These are good to hear about but this one has expired it looks to me.
Enter by 10/10/2006 - Winners announced by 10/20/2006 |
|
|
|
10/15/2006 02:41:00 PM · #3 |
| click on ALL contest - you still have time to enter the Fall Colors contest. It doesnt end until 10/21/06 |
|
|
|
10/15/2006 02:50:02 PM · #4 |
Rule 5 looks intersting, the sponsor can do whatever they wish with your submission (even pass it on to third parties) without any compensation to the photographer (thats all submissions not just winning entries).
...As such, you hereby grant to Sponsor a non-exclusive, fully transferable, perpetual, irrevocable, royalty free, fully paid up right and license to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display and perform and make derivative works based on your Submission in any and all media as Sponsor sees fit for any reason, to identify you as the author of the Submission and to authorize others to do any of the above without any obligation to compensate you.
|
|
|
|
10/15/2006 02:57:37 PM · #5 |
Originally posted by Ecce Signum:
Rule 5 looks intersting, the sponsor can do whatever they wish with your submission (even pass it on to third parties) without any compensation to the photographer (thats all submissions not just winning entries).
...As such, you hereby grant to Sponsor a non-exclusive, fully transferable, perpetual, irrevocable, royalty free, fully paid up right and license to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display and perform and make derivative works based on your Submission in any and all media as Sponsor sees fit for any reason, to identify you as the author of the Submission and to authorize others to do any of the above without any obligation to compensate you.
|
thank you for sharing that! |
|
|
|
10/15/2006 02:58:40 PM · #6 |
Originally posted by Ecce Signum:
Rule 5 looks intersting, the sponsor can do whatever they wish with your submission (even pass it on to third parties) without any compensation to the photographer (thats all submissions not just winning entries).
...As such, you hereby grant to Sponsor a non-exclusive, fully transferable, perpetual, irrevocable, royalty free, fully paid up right and license to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display and perform and make derivative works based on your Submission in any and all media as Sponsor sees fit for any reason, to identify you as the author of the Submission and to authorize others to do any of the above without any obligation to compensate you.
|
Not so different from the what we all agree to by posting images here:
6.2 You hereby grant DPChallenge.com a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any rights you have in the Member Information and Media, and otherwise to make use of the Member Information and Media (including publishing, disseminating, broadcasting, manipulating, reproducing, editing, translating, performing, modifying, or displaying any part of the Member Information) and/or Media alone or as part of other work in any form, media, or technology whether now new known or hereafter developed, to enable DPChallenge.com to continue the specific operation or marketing of the site. This includes, but is certainly not limited to email "newsletters."
only significant difference is the wording here includes all media uploaded to the site and the Member information. (It would appear this does not apply to Registered user information.)
There is nothing unusual about any of the wording.
David
|
|
|
|
10/15/2006 04:05:13 PM · #7 |
but this:
to enable DPChallenge.com to continue the specific operation or marketing of the site.
is vastly different from this:
as Sponsor sees fit for any reason
yes?
|
|
|
|
10/15/2006 04:21:16 PM · #8 |
Originally posted by dahkota:
but this:
to enable DPChallenge.com to continue the specific operation or marketing of the site.
is vastly different from this:
as Sponsor sees fit for any reason
yes? |
Different yes, but not significantly.
D&L have the right to use any media to market the site.
If they choose to license the rights to 'any image on the site for a month' (even without credit) in exchange for advertising space -- that is perfectly acceptable as the use was to market the site.
If they choose to open a third site, 'DPCStock', and proceed to sell the images posted here as stock images for use on websites (size limits usefulness). As long as the operation of 'DPCStock' marketed DPC in some way (doesn't have to be a big way) they can do so.
While there is a difference, the general wording of the TOS leaves the interpretation of that use wide open.
The most significant difference I see between the two wordings is that DPC's rights extend to all media -- which would include anything posted on the site (tutorials, forum posts, Bios, etc.)
Both were written by lawyers to protect the sponsors -- not the participants.
David
Message edited by author 2006-10-15 16:24:39.
|
|
|
|
10/15/2006 06:21:00 PM · #9 |
Threre is a big difference between these two. The first one YOU do not own exclusive rights to anymore and they can make money off it (the photo)...notice the wording compensate.
The second does not mention compensation. It mentions specific operation and marketing. which means to me they cannot sell your photos on a stock site (even their own) without your permission, just like any other place.
... as Sponsor sees fit for any reason, to identify you as the author of the Submission and to authorize others to do any of the above without any obligation to compensate you.
...to enable DPChallenge.com to continue the specific operation or marketing of the site. This includes, but is certainly not limited to email "newsletters
|
|
|
|
10/15/2006 07:35:19 PM · #10 |
Ok, I did what I should have done to begin with -- I went and read rule #5 for myself instead of just the portion Andi quoted above. It combines what are several sections on DPC into one statement, so the relevant portion (in full) is as follows {bold emphasis is mine}:
5. ... Except where prohibited, by entering this Contest, you consent to the use of your name, photo and/or likeness, biographical information, winning entry and statements attributed to winner (if true) for advertising and promotional purposes without additional compensation. As such, you hereby grant to Sponsor a non-exclusive, fully transferable, perpetual, irrevocable, royalty free, fully paid up right and license to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display and perform and make derivative works based on your Submission in any and all media as Sponsor sees fit for any reason, to identify you as the author of the Submission and to authorize others to do any of the above without any obligation to compensate you. ...
The portion in bold is the part that matters. The rest is tied to it by the 'As such, ...', and is nothing more than a further explaination and clarification of the first statement.
You will notice the participants grant the sponsor [DPC equivalent]:
- the use of your name, [Member Information]
- photo and/or likeness, [Media]
- biographical information, [Member Information]
- winning entry [Media]
- statements attributed to winner (if true) [Media]
and that they may use these 'for advertising and promotional purposes without additional compensation'.
And that is no different than what DPC requires of it's participants, as DPC also demands the same rights for the same purposes 'royalty-free'.
As with any contract written by one side, with no provision for modificaiton by the other, these two are written to give the widest latitude to the sponsors -- it all boils down to if the participants trust the sponsors or not. The wording is broad and general enough to encompass just about any use. 'Advertising and promotional purposes' and 'enable DPChallenge.com to continue the specific operation or marketing' are very vaque statements and open for interpretation. They are almost as vague as 'photographic integrity', 'major elements' or 'letter and spirit of the rules'. :p
David
|
|
|
|
10/15/2006 08:10:17 PM · #11 |
I thank the OP for the heads up!
In my experience, Shutterfly is a well-respected site and I've done lots of photo-book business with them. I wouldn't hesitate to enter one of their contests...
|
|
|
|
08/10/2008 05:41:45 PM · #12 |
Nevermind, I figured it out.
Message edited by author 2008-08-10 17:51:57. |
|
|
|
Current Server Time: 09/06/2025 01:19:13 PM  |
Home -
Challenges -
Community -
League -
Photos -
Cameras -
Lenses -
Learn -
Help -
Terms of Use -
Privacy -
Top ^
DPChallenge, and website content and design, Copyright © 2001-2025 Challenging Technologies, LLC.
All digital photo copyrights belong to the photographers and may not be used without permission.
Current Server Time: 09/06/2025 01:19:13 PM EDT.
|
