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11/11/2009 10:10:25 PM · #1 |
Hello team!
I hope this is the right place to post this because I have never really had to deal with requests for my photos. I have recently received FlickrMail from Emma Williams, Managing Editor, Schmap Guides looking to use two of my photos in their upcoming travel guides. They do not pay out any money, but the print/publish the photos online at a maximum of 150 pixels, which is pretty tiny if you ask me. Have you guys ever heard of or dealt with Schamps?
I googled it briefly and it looks legit...At least it doesn't look like a scam but its not National Geographic. Here are the terms and conditions of their usage:
TERMS OF SUBMISSION
THESE TERMS OF SUBMISSION (THE âTERMSâ) REPRESENT A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL PERSON OR A SINGLE LEGAL ENTITY (âYOUâ), AND SCHMAP, INC. (âSCHMAPâ). BY CLICKING THE âSUBMITâ BUTTON, YOU CONFIRM YOUR ACCEPTANCE OF THE TERMS.
1. PHOTOS
The term "Photos" refers to one or more photographs and/or images licensed by You to Schmap pursuant to the Terms.
2. LICENSE GRANT
Subject to the terms and conditions herein, You hereby grant Schmap a worldwide, royalty-free, non-exclusive, perpetual license to include the Photos in the current and/or subsequent releases of Schmap's destination/local guides.
3. FAIR USE RIGHTS
Nothing in these Terms is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
4. LIMITATIONS
The license granted in Section 2 above is made subject to and limited by the following express limitations:
(a) Schmap may only distribute, publicly display, publicly perform, and/or publicly perform the Photos pursuant to the Terms.
(b) Schmap shall be required to keep intact all copyright notices for the Photos and provide, reasonable to the medium or means of utilization, the name of the original author (or pseudonym, if applicable) if supplied, for attribution in Licensor's copyright notice, terms of service or by other reasonable means, and a credit (implemented in any reasonable manner) identifying the use of the Photos in any derivative Photos created by Schmap.
(c) Schmap shall, to the extent reasonably practicable, provide Internet link(s) to your Photos.
(d) Schmap shall not sublicense the Photos.
(e) Schmap shall indicate to the public that You reserve all rights with respect to use of the Photos.
(f) Schmap shall continue to make its destination/local guides available at no cost to end users.
(g) Schmap shall display the Photos at a maximum width of 150 pixels.
5. RIGHTS
You confirm that You own or otherwise control all of the rights to the Photos and that use of the Photos by Schmap will not infringe or violate the rights of any third parties.
6. NO OBLIGATION
Schmap shall have no obligation whatsoever to reproduce, distribute, broadcast, or otherwise make use of the Photos licensed by You to Schmap hereunder.
7. NO AFFILIATION
While the Flickr website and/or Flickr API have been used to short-list your Photos, Schmap claims no affiliation or partnership with Flickr.
8. MISCELLANEOUS
If any provision of the Terms is ruled unenforceable, such provision shall be enforced to the extent permissible, and the remainder of the Terms shall remain in effect. The Terms constitute the entire agreement between the parties with respect to the Photos licensed hereunder. There are no understandings, agreements or representations with respect to the Photos not specified hereunder. If there is any dispute about or involving the Terms or the license granted hereunder, You agree that such dispute shall be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. The license granted in the Terms may not be modified without the mutual written agreement of You and Schmap.
Message edited by author 2009-11-11 22:13:19. |
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11/11/2009 10:17:14 PM · #2 |
| If you are willing to allow use in exchange for a photo-credit only, then those terms seem pretty reasonable. However, I don't know anything about the company itself. |
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11/11/2009 10:18:12 PM · #3 |
| I've received a request several years ago from them. They are on the level, but you don't get anyting but a warm fuzzy from them using your image and giving you a credit mention. Not really different than letting a blog use your shots, IMO. |
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11/11/2009 10:22:02 PM · #4 |
One quick question: Say somebody sees one of my shots in the brochure and wants to pay for exclusive rights... It looks like I can get the photo off Schamps - but that seems a bit back-handed. Here is the relevant clause:
3. FAIR USE RIGHTS
Nothing in these Terms is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
Message edited by author 2009-11-11 22:23:17. |
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11/11/2009 10:36:39 PM · #5 |
| You won't be able to give another party an exclusive license to any photo which you've already licensed elsewhere. "Exclusive" in this case refers to your -- and no one else's -- rights to further license/use/print the image. With this agreement you are granting them a "perpetual" license to use the image within these terms, so you can't really take that away to give exclusive rights to someone else. However, the chance that someone will want an exclusive license is pretty small, and they'll know it's not possible if they find the image previously published elsewhere. |
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11/11/2009 10:38:48 PM · #6 |
Originally posted by GeneralE:
You won't be able to give another party an exclusive license to any photo which you've already licensed elsewhere. "Exclusive" in this case refers to your -- and no one else's -- rights to further license/use/print the image. With this agreement you are granting them a "perpetual" license to use the image within these terms, so you can't really take that away to give exclusive rights to someone else. However, the chance that someone will want an exclusive license is pretty small, and they'll know it's not possible if they find the image previously published elsewhere. |
Yeah, that's what I thought. But I thought it would be safe to ask... |
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