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About UHH Terms and Conditions Concerning Submissions
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Nov 11, 2013 14:30:01   #
Nightski
 
winterrose wrote:
From UHH TERMS AND CONDITIONS

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. By making a submission, Visitor grants the administration and the owners of the Website a worldwide, non-exclusive, irrevocable, royalty-free, sub-licenseable and transferable license to use in any way, reproduce and distribute the submission and prepare derivative works of the submission without further permission. This includes commercial and non-commercial use of all submissions, including portions thereof, graphics contained thereon, or any of the content of the submission. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. "Submissions" is also a provision of the Privacy Policy.
From UHH TERMS AND CONDITIONS br br SUBMISSIONS b... (show quote)


When W/R first posted this in the PC&C Section yesterday, I was horrified by it. But after a good night's sleep, these are my thoughts on it now. I welcome other comments and opinions.

When my children were little, I did daycare in my home. We had a trampoline. We had someone excavate a area in the ground to place the trampoline in so that it was flush with the ground. I also required every parent to sign a release form in case of injury. I took on a little girl whose dad was a lawyer. He smiled, signed the form, and said, "I can still sue you if anything happens to her."

My point being, that even though UHH has this clause, it does not prevent the photographer from suing if UHH were to try to profit from the photos posted here. Even if the photographer did not win, it would be bad for UHH to be sued. I think the trust issues that would inevitably arise from such an ordeal, would cause serious harm to the site.

So why would UHH have a clause like this? My thought is that UHH is simply trying to protect itself from a lawsuit. It has no interest in marketing the photos posted here.

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Nov 11, 2013 14:34:01   #
bigcoz Loc: Philly
 
You want to bet?

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Nov 11, 2013 14:37:52   #
Nightski
 
bigcoz wrote:
You want to bet?


No, I want to find out what everyone else thinks. :-)

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Nov 11, 2013 14:50:08   #
Musket Loc: ArtBallin'
 
This should be a fun topic. I for one am not worried about UHH of all places, stealing my images.

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Nov 11, 2013 14:51:02   #
Bmac Loc: Long Island, NY
 
Nightski wrote:
I welcome other comments and opinions.

This issue was discussed on the forum back in September 2011. Here is a link so folks can read what the administrator and others had to say concerning it and other points regarding copyright concerns. Enjoy. 8-)

http://www.uglyhedgehog.com/t-1742-1.html

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Nov 11, 2013 14:53:43   #
SharpShooter Loc: NorCal
 
I think that in life, there are risks. Some take those risks more freely than others, and those others call them daredevils.
We are at the mercy of trust in others. But that's only an assumption, not a guarantee.
We walk down the sidewalk, and only assume, that the driver coming down the street, is not going to jump the sidewalk and kill us. But it's ONLY an assumption, for it happens, but usually to someone else.
If you don't want to get hurt, don't get out of bed.
And if you do play, you play at your own risk, regardless of legal clauses.
SS

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Nov 11, 2013 14:55:12   #
rocco_7155 Loc: Connecticut/Louisiana
 
If this clause were in a set of "contest" rules sponsored by a commercial entity (detergent company, car manufacturer, retail chain, etc.), we'd all run the other way. Why is it thought of differently here? :hunf:

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Nov 11, 2013 15:02:59   #
chaser48 Loc: Texas
 
SharpShooter wrote:
I think that in life, there are risks. Some take those risks more freely than others, and those others call them daredevils.
We are at the mercy of trust in others. But that's only an assumption, not a guarantee.
We walk down the sidewalk, and only assume, that the driver coming down the street, is not going to jump the sidewalk and kill us. But it's ONLY an assumption, for it happens, but usually to someone else.
If you don't want to get hurt, don't get out of bed.
And if you do play, you play at your own risk, regardless of legal clauses.
SS
I think that in life, there are risks. Some take t... (show quote)


You plays, you pays!!!!!!!!!!!!! And so it goes..............

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Nov 11, 2013 15:03:43   #
Annie_Girl Loc: It's none of your business
 
rocco_7155 wrote:
If this clause were in a set of "contest" rules sponsored by a commercial entity (detergent company, car manufacturer, retail chain, etc.), we'd all run the other way. Why is it thought of differently here? :hunf:


This clause is used in contests sponsored by commercial entities all the time, it is also used by photobucket (who does use and sell images from their users all the time).

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Nov 11, 2013 15:08:02   #
Musket Loc: ArtBallin'
 
rocco_7155 wrote:
If this clause were in a set of "contest" rules sponsored by a commercial entity (detergent company, car manufacturer, retail chain, etc.), we'd all run the other way. Why is it thought of differently here? :hunf:


Well its pretty clear there's not much in the line of revenue happening around these parts when you compare this TOS, to what Facebook does to your images, which is throw them into ads targeted at you or friends without giving you so much as a thanks.

I honestly do not mind posting my images here. While sure I give access to them, they are via [img] tags which allow me to just disable the content from its hosted site.

If you truly are scared of image content theft, stay off the internet.

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Nov 11, 2013 15:08:06   #
SharpShooter Loc: NorCal
 
chaser48 wrote:
You plays, you pays!!!!!!!!!!!!! And so it goes..............


Amen

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Nov 11, 2013 15:14:18   #
Nightski
 
This quote from Admin backs up the supposition I made in my original post.

Quote:
Quote:
By posting on this website, you grant the administration and the owners of this site a worldwide, non-exclusive, irrevocable, royalty-free, sub-licenseable and transferable license to use in any way, reproduce and distribute your posts and prepare derivative works of your posts without any express permission or compensation.


Which basically means I can resize images, compile the digest and produce other kinds of derivative works.

This protects me from someone posting a picture, and then suing me while claiming that I owe them money for displaying their work in a way in which they didn't think it would be displayed; such as in reduced size or shown to browsers from Indiana, or some other ridiculous claim like that.

So the disclaimer is intentionally broad to cover me.

At the same time, I wouldn't be able to take your picture and sell or "sub-license" it to be printed in some magazine as if it were my own, because there isn't a judge out there who would support it.
Quote: br By posting on this website, you grant th... (show quote)

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Nov 11, 2013 15:19:27   #
SharpShooter Loc: NorCal
 
rocco_7155 wrote:
If this clause were in a set of "contest" rules sponsored by a commercial entity (detergent company, car manufacturer, retail chain, etc.), we'd all run the other way. Why is it thought of differently here? :hunf:


Those rules are in most contest. If you are an aspiring photog, it's just the rules of the game if you want the notoriety that come with prestigious competitions. The benefits are many.
You'll get absolutely nowhere, hoarding your pics in your computer. That's akin to owning stolen art, and it can't leave your basement.
Most Photogs will never earn a dime with their pics. So who cares who steals it.
If every body in the country stole my pic, and put it on their wall, would I not be the most famous photog in the country? Not a bad trade-off.
SS

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Nov 11, 2013 15:24:42   #
Bmac Loc: Long Island, NY
 
Musket wrote:
If you truly are scared of image content theft, stay off the internet.

Or, if you truly believe you have images worth stealing, copyright register them so you can sue and receive monetary damages should someone get rich off them. Something I don't have to worry about. :D

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Nov 11, 2013 15:34:57   #
rocco_7155 Loc: Connecticut/Louisiana
 
I'd argue the "most contests" statement. I have often submit to contests and will not submit to those who require relinquishing my rights to the image. That being said, this has been brought up here long ago and I have posted here. Like Nightski said, track record and past practice allow for trust.

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