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DPChallenge Forums >> Business of Photography >> Does this sound strange
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Showing posts 1 - 8 of 8, (reverse)
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05/17/2011 05:58:50 PM · #1
Hello!

I'm the Assistant Photo Editor for TravelandLeisure.com. We're doing a slide show titled "World's Coolest New Attractions" and may like to include your photo of the CN Tower for the Edge Walk attraction.

www.flickr.com/photos/bmartuch417/4616824273/

If this is OK with you, please let me know how you would like to be credited (full name and/or website URL).

In addition to possible publication on TravelandLeisure.com, American Express Publishing (and its affiliates and licensees) may reproduce, distribute, display and publish the images taken in and via webpages, websites and other publications, products and services that contain, exhibit, or are branded with the name or logo of the Magazine or Website, and use the Photographs for the promotion of the foregoing.

By providing the images to TravelandLeisure.com you thereby confirm that you grant American Express Publishing the rights to use the Photographs as described above, you have those rights to grant, you represent that such use will not violate the rights of any third party, and you agree to take full responsibility for same.

Please provide the appropriate credit information by replying to this email. We would be more than happy to provide a link to your site.

We look forward to receiving your swift confirmation by a simple response to this email.

Please let me know if you have any questions. Thanks in advance for your time and have a great day!

Best,

Darcy Strobel
Assistant Photo Editor
05/17/2011 06:08:54 PM · #2
No idea. But you could check Travel and Leisure Web Site, look up the photograph submissing telephone number and give them a call.

Ray
05/17/2011 06:15:22 PM · #3
Sounds legit to me Bob. I'm surprised they didn't offer some kind of compensation since it appears they are either sponsored by or owned by AE. Good exposure though! I'd be happy for something like this.
05/17/2011 06:27:44 PM · #4
"Dear Darcy,

Thank you so much for your interest in my image. I do in fact own the copyright and would be more than glad to license it to you.

What is your normal compensation for this type of usage?

Thanks again,"

-----------------------------------------------------------

If they don't want to pay, screw 'em. They got more than enough money to pay for imagery.
05/17/2011 06:45:34 PM · #5
Originally posted by bmartuch:

By providing the images to TravelandLeisure.com you thereby confirm that you grant American Express Publishing the rights to use the Photographs as described above, you have those rights to grant, you represent that such use will not violate the rights of any third party, and you agree to take full responsibility for same.



This is the part I'm not sure about. What do they mean that I agree to take full responsibility?
05/17/2011 07:23:10 PM · #6
I read it to mean if they find you didn't have the right to let them use it then you may be in trouble from others instead of them. The fact they have no mention of $$ is funny and the assumption that a tag line is enough.... I guess they banks take tag lines instead of real $$ :-)
05/17/2011 08:05:02 PM · #7
It sounds very strange. Last month I got the same request from them. They want to use this photo.
05/18/2011 04:52:20 AM · #8
Originally posted by bmartuch:

Originally posted by bmartuch:

By providing the images to TravelandLeisure.com you thereby confirm that you grant American Express Publishing the rights to use the Photographs as described above, you have those rights to grant, you represent that such use will not violate the rights of any third party, and you agree to take full responsibility for same.



This is the part I'm not sure about. What do they mean that I agree to take full responsibility?

It also means that if there is any need for a model release that it is your responsibility to have obtained it and that if any sues over the use of the image that you will be the one held responsible.

The sad thing is, more than enough people will put images into their pool just for the sake of being able to say they had an image used by T&L. It's only a matter of time before we hear of a really juicy lawsuit and subsequent judgment against a non-professional photographer for not having a model release for one of their uncompensated "I've-been-used" images.
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