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expressing your intentions in clear language and not claiming "worldwide co-ownership"
I don't claim co-ownership of the images. As for the worldwide part, how do you propose I limit it in the context of the internet?
What I get is irrevocable and transferable license, which is the core part of the disclaimers -- and that's going to stay.
For one thing, I'm going to set up a separate company for this forum in the beginning of the next tax year. And part of it will involve me selling the website to myself. If not for the transferability, I would have to delete all posts of all users and start from scratch.
On top of that, one more condition without which I would never host your or anyone else's content is irrevocability. I need it so that I and the forum wouldn't be held hostage to stuff like this:
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Please remove account and photos
I have enjoyed the prospect of having my work critiqued and have gotten some good feedback - however my last several posts have been ignored and I feel that I am being ostrichized. Therefore, please remove my account and photos from the site. Thank you - It has been mostly a pleasure.
This is a PM I received a couple of days ago. This person seems to be upset that his/her last few topics didn't make it into the digest. This is actually an example on the nice end.
From the past experience (with larger, more established forums), I'm used to receiving ultimatums like "either start giving my topics more exposure or delete everything I posted."
(The problem is, deleting a topic created by one user involves deleting posts of other users who (most of the time) don't want their posts deleted. Especially not when they had spent time typing up those answers. On top of that, there is the issue of broken links in e-mail notifications and other complications.)
In extreme cases, it even gets to a point where a user (who thinks he/she posted so much that I wouldn't dare to delete) might even try to force me to do something he/she wants. Examples are things like "either put a stop to any references to religion on the forum or delete all my posts." Not necessarily about religion, but hopefully you get the point.
As the forum grows. This will be happening more and more frequently.
On top of that, there will be occasional fights among users. So I'll be getting requests to remove "everything" because someone got upset with something, or is having a bad day.
So I would either have to keep deleting topics all day long every day or I would simply state that what you post stays here for good.
I choose the latter because of the reasons I outlined in my previous posts.
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I suspect you have a broader interest in photography than just this site
I don't. I'm a professional internet marketer, not a photographer. I never even cared about photography until recently. But I decided to take up photography as a hobby earlier this year.
Turned out I really like taking pictures, and I quickly realized that I would like to talk to others about my new hobby. But instead of joining some existing photography forum, I decided to create and promote my own.
Since promoting forums is what I now do for a living, I might as well do the same thing for fun. That's all there is to it :)
Now that we've talked about protecting my interests, let's talk about protecting your interests.
I really hope you don't take it the wrong way, as I'm not trying to sound rude or arrogant here. But let's look at things realistically. (I'm not talking about you personally here, just any given user.)
For 99.9% of pictures out there, you, I, or anyone else can buy a similar picture on a stock site for $1 (or $2-$3 at most) with a non-exclusive right to use commercially. So why would anyone in their right mind (especially a forum owner) rip off a user and risk getting sued?
I'm not talking about someone copying an image to use on their personal lolcats blog, but about stealing images for commercial use. Why do it when there is an abundance of amazing images out there?
For the remaining 0.01% of pictures that capture something truly magnificent (or horrific) -- if you manage to capture the Loch Ness Monster on your 5Dmk2 stored in RAW, then DO NOT post the picture here :)
Instead, file with the copyright office, get the receipt, and then call AP, and ask them to cut you a check.
Of course, after that, please be sure to come back and post it in the Pictures section :)
Seriously though, I read your post about the future and how you never know what might happen. And I
really don't want to offend you in any way. But do you really think one of your shots might be worth so much that it would be worth getting sued over? And that a comparable shot cannot be found anywhere on a stock site?
If I or anyone else would need a picture of a similar subject/object/location, do you really think ripping you off would be a wise move? Considering that a "close enough" picture can be obtained for $1? And an exclusive license (along with all original RAW files) can be obtained for just $100-300? Considering that a short consultation with a lawyer -- to have him/her read over the summons and complaint -- would cost more.
Do you see my point?
I really hate the way my post is turning out, but that's the economic reality.
We all love our pictures (when we don't hate them), but please let's be realistic. If we wander off into the maybe land, then I might as well shut down the forum now, because there is no way to be 100% safe no matter what disclaimers I put in the footer.
P.S. I really hope I didn't offend you. I don't mean to say that yours or anyone else's pictures are bad or unprofessional. I'm just trying to explain how it all looks from my end.