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Next time you send photos...

you are going to like this one:

…“Unsolicited Submission(s) will be deemed, and
will remain, the property of XXX and may be used, copied, sublicensed, adapted,
transmitted, distributed, publicly performed, published, displayed or deleted as we see fit,
and XXX will exclusively own all now known or hereafter existing rights in and to
any Unsolicited Submission(s) of any kind and nature throughout the universe in perpetuity,
and we will be entitled to unrestricted use of such Unsolicited Submission(s) for any
purpose whatsoever, commercial or otherwise, by all means and in all media now or
hereafter known or devised, without compensation to you and/or any other sender of such
Unsolicited Submission(s). You agree that you are not entitled to any compensation, credit
or notice whatsoever in connection with any Unsolicited Submission(s), and you further
agree that by sending any Unsolicited Submission(s) you waive that right to make any claim
against XXX, its parents or affiliates relating to such Unsolicited Submission(s),
including, without limitation, unfair competition breach or implied contract or breach of
confidentiality. No Unsolicited Submission(s) will be subject to any obligation of confidence
on our party and we will not be liable for any use or disclosure of any Unsolicited
Submission(s).”

NEXT TIME, READ THE SMALL PRINT.

by [a former member] at 2008-02-26 08:45:37 UTC (ed. Mar 12 2008 ) Bangkok , Thailand | Bookmark | | Report spam→

Hey Guilad-is that the new re-worked Guardian contract?

by JR, (John Watts-Robertson). | 26 Feb 2008 10:02 | somewhere, United Kingdom | | Report spam→
Hi john, not guardian. i’d rather not write who it’s from here, LS is not really what it used to be.

by [former member] | 26 Feb 2008 10:02 | Bangkok, Thailand | | Report spam→
Strewth-I was only joking about The Guardian of course,(they are re-drawing their agreement with freelance photographers). But you mean this is a REAL T & C for a publication? I’d assumed it was a joke. Even my local BBC who regularly tout for photos of news,events and weather photos, gives the photographer a creditline.
I can understand amateurs wanting to see their name flashed up on the telly with no financial reward, but why would anyone give their photos away and agree to have them sold on without even a credit to keep them happy?
I’d love to know who is getting away with that Guilad-how about a PM? Promise I won’t spill the beans.You can trust me-I’m a photojournalist!!

by JR, (John Watts-Robertson). | 26 Feb 2008 10:02 | somewhere, United Kingdom | | Report spam→
But there is the point they are "UNSOLICITED’ submissions.

Perhaps they are trying to stop people sending them photos they don’t want. I mean who sends photos to people without checking whether they want to see them?

I mean I will send a link to my website to potential clients, but I wouldn’t send pictures unless someone asked to see them.

It still sucks the wazoo though, ‘cos I guess there always is the ’tempter’ pic…

by lisa hogben | 26 Feb 2008 10:02 | sydney, Australia | | Report spam→
I used to send unsolicited pics to The Guardian all the time when I was first starting out on national papers-80% of the time they liked them, used them and I got paid :-))
The 20% they didn’t use either sold elsewhere or eventually most got sold as stock pics somewhere or other.

By the way Lisa, “sucks the wazoo” is a great aussie expression !!

by JR, (John Watts-Robertson). | 26 Feb 2008 10:02 (ed. Feb 26 2008) | somewhere, United Kingdom | | Report spam→
But JR you probably knew the people you were sending them to, yes?

by lisa hogben | 26 Feb 2008 10:02 | sydney, Australia | | Report spam→
Yes, you are of course right in that I had touched base with them beforehand. Wasn’t so random that I just sent stuff in without seeing the pic editor and showing him my crappy portfolio previously!

by JR, (John Watts-Robertson). | 26 Feb 2008 10:02 | somewhere, United Kingdom | | Report spam→
I do remember having read this in a publication one of these last months.

by Daniel Legendre | 26 Feb 2008 11:02 | Paris, France | | Report spam→
It’s not a joke, it’s 100% real. many photographers send a sample pdf or lo-res to email lists by themselves or through distribution services after finishing an “unsolicited” story, hoping someone will bite. this is just the small print, i haven’t checked but i’m sure there’s more than one company that does that. this one happens to be one of the world’s largest. and you really have to search for it, they don’t automatically send it to you.

“throughout the universe in perpetuity” that’ll really tick off my bosses at The Martian Telegraph.

by [former member] | 26 Feb 2008 11:02 | Bangkok, Thailand | | Report spam→
one™, two®, three©.
i’m just going to trademark everything from now on™.

by [former member] | 26 Feb 2008 11:02 (ed. Feb 26 2008) | Bangkok, Thailand | | Report spam→
Hey Rich-I’m just fine thanks!!
Guilad-that’s a good idea. I never let any pics out without my copyright warning in the metadata. Surprises me how many photographers distribute their stuff without even checking the copyright box. Even though all my pics go out marked with a legal warning it hasn’t stopped a few idiots trying to use them nicked off my website. They have always discovered thats a big mistake when I find out though :-)

by JR, (John Watts-Robertson). | 26 Feb 2008 13:02 | somewhere, United Kingdom | | Report spam→
“throughout the universe in perpetuity…”

no wonder the UFOs dont want to land here. The E.T.s’ are sitting, assuming they sit, on the biggest story in Earth’s history because they want to make sure they’re gonna get paid for the pics.

by Akaky | 26 Feb 2008 14:02 | New York , United States | | Report spam→
Do E.T’s use alien bees?

by JR, (John Watts-Robertson). | 26 Feb 2008 15:02 | somewhere, United Kingdom | | Report spam→
not if they dont have green cards

by Akaky | 26 Feb 2008 15:02 | New York , United States | | Report spam→
These ‘contracts’ should be listed under “Achtung, minen!”

by Mikethehack | 26 Feb 2008 15:02 | Way up my own ass, United Kingdom | | Report spam→
Why is everyone taking this so seriously when the origin of the quotation is not indicated?

by Barry Milyovsky | 26 Feb 2008 16:02 | new york, United States | | Report spam→
Does “in perpetuity” mean uses of the pictures prior to them being taken? I can see this being a big problem with Time Traveller Monthly, who I regularly sell pictures to.

by John Perkins | 26 Feb 2008 16:02 | Cairo, Egypt | | Report spam→
“In perpetuity” means “For an indefinite period of time; forever”

by Bill Thomas | 26 Feb 2008 17:02 | NYC, United States | | Report spam→
I think John wants to know if that indefinite period of time covers the past. In other words, can the picture be used, by a time traveler, before it is actually taken?

by Barry Milyovsky | 26 Feb 2008 19:02 | new york, United States | | Report spam→
No, it can’t. Their grabbing your copyright extends into the past as well. In short, dont even think about taking that picture, bubba, or they’ll turn the lawyers loose on you!

by Akaky | 26 Feb 2008 19:02 | New York , United States | | Report spam→
It’s just something about slavery that Guilad dug up somewhere. The chains are virtual.

by Mikethehack | 26 Feb 2008 21:02 | Way up my own ass, United Kingdom | | Report spam→
Put the first line, up to the XXX, into google with quotes around it and you’ll find the culprit… Looks like a case to attach the Reasonable Agreement to the end of your submissions: http://smallprint.netzoo.net/reag/

by M. Scott Brauer | 27 Feb 2008 08:02 | Nanjing, China | | Report spam→
Actually that’s not them.they don’t even post it online, you have to download a PDF from their website to find out™.
nothing virtual about these chains©.

by [former member] | 27 Feb 2008 09:02 | Bangkok, Thailand | | Report spam→
hehehehehehe this is a good one

“throughout the universe in perpetuity…”

sometimes i wonder what drives these people to do such things. is it greed, hatred, sheer stupidity… or what? surgically orchestrated aggression… claiming exclusive rights to your work in small print!!!

sad!

by Peter Klesken | 27 Feb 2008 18:02 | NYC, United States | | Report spam→
is it greed, hatred, sheer stupidity… or what?

All of the above, including the what

by Akaky | 27 Feb 2008 19:02 | New York , United States | | Report spam→
Who are you talking about? What is the source of the quotation?

by Barry Milyovsky | 27 Feb 2008 19:02 | new york, United States | | Report spam→
Barry: as i said, one of the larger companies© (in video and photo)

by [former member] | 29 Feb 2008 05:02 | Bangkok, Thailand | | Report spam→
Guilad: Well, that pins it down. Why this uncharacteristic shyness on your part?

by Barry Milyovsky | 29 Feb 2008 12:02 | new york, United States | | Report spam→
Disclaimer: I am no lawyer… however, at least here in Norway such one sided statements doesn’t hold. In the so called “Kokkin case” the court spelled it out quite clearly: the copyright holder must explicitly agree to the terms before they can be considered valid. To simply post terms where all sort of rights are grabbed , for example on a website, doesn’t automatically make the terms valid/legal. The copyright holder must agree, and the burden of proof is not on the copyright holder, but with the company that claims to have gotten your material for free, to be used “in perpetuity” etc. In other words company X would have to produce a document showing you had signed over you rights, or they can make no such claims.
Of course rules are different all over the world….

by [former member] | 03 Mar 2008 20:03 | Oslo, Norway | | Report spam→
Barry: it’s called self preservation. (and forebodingness)

by [former member] | 10 Mar 2008 12:03 | Bangkok, Thailand | | Report spam→
Pay the photographer!
http://www.youtube.com/watch?v=mj5IV23g-fE

Enjoy!

by Gerald Holubowicz | 10 Mar 2008 23:03 (ed. Mar 10 2008) | New York, United States | | Report spam→

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Participants

JR, (John Watts-Robertson)., Photographer JR, (John Watts-Robertson).
Photographer
Rothwell , United Kingdom
lisa hogben, Visualjournalist! lisa hogben
Visualjournalist!
Sydney , Australia
Daniel Legendre, Photographer Daniel Legendre
Photographer
Paris , France
Akaky, Contemptible lout Akaky
Contemptible lout
New York , United States ( AAA )
Mikethehack, Freelance thril performer Mikethehack
Freelance thril performer
Way Up My Own Ass , United Kingdom
Barry Milyovsky, totally unprofessional Barry Milyovsky
totally unprofessional
(emperor of ice cream )
New York , United States
John Perkins, Photographer John Perkins
Photographer
Cairo , Egypt ( CAI )
Bill Thomas, Photographer-Videographer Bill Thomas
Photographer-Videographer
Nyc , United States
M. Scott Brauer, Photographer M. Scott Brauer
Photographer
Boston, Massachusetts , United States ( BOS )
Peter Klesken, freestyle coffee drinker Peter Klesken
freestyle coffee drinker
Paris , France ( CDG )
Gerald Holubowicz, Photojournalist Gerald Holubowicz
Photojournalist
(Freelance)
Paris , France


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