Potd

Angelo

I noticed that Comcast presents a POTD on their network homepage but was concerned about the level of release they require in order to post submissions.

I checked the Kodak site and found very different, photographer friendly, language.

Anyone care to discuss?

Here's the copied text:

Kodak:


In consideration of acceptance of my submitted photo as part of Kodak Picture of the Day, I hereby grant Kodak, and others with Kodak's consent, the right to to copy, distribute, publish, display and otherwise use the photo and text for purposes of the Picture of the Day program or for any advertising or publicity on behalf of the program or similar future programs.

I agree that the photo and text may be cropped, edited, electronically manipulated or otherwise altered, and that whether the photograph is used is entirely for Kodak to decide.

I certify that I am the photographer and sole copyright owner of this photo and text, or I have the owner's permission to submit this, and I have obtained the consent of all identifiable persons shown in it for these uses.

I agree to reimburse Kodak for all damages and expenses (including attorney's fees) they may incur from claims based on their use of my submitted photo or text.

I understand and accept that use of any personal information I submit will be governed by Kodak's privacy policy, for which there is a link on this page. I am at least 18 years old and have full legal authority to transfer these rights to Kodak or I am under 18 and my parent or guardian has read and accepted these terms for me. I am not under 13 years old. All submissions to the Picture of the Day are reviewed. Kodak reserves the right to reject any entry without notification. Kodak will notify those whose pictures have been accepted.

Comcast:
(emphasis mine - Angelo)
I give my express consent to the public posting of my photo on the Comcast.net site, and to being publicly identified by first name and geographic location if my photo is used for Photo of the Day.

The photo that I am submitting is my original work and does not infringe on anyone else's rights.

By submitting the photo I am giving Comcast a perpetual, royalty-free, worldwide license to use the photo for its business purposes, including Photo of The Day.

I understand and acknowledge that Comcast chooses the Photo of the Day in its sole and absolute discretion and all decisions made by Comcast are final. I also understand and acknowledge that by submitting a photo Comcast does not guarantee acceptance or publication of the photo.

I am at least thirteen (13) years of age.

I expressly agree that this photo submission is made in accordance with the Terms of Service applicable to the Comcast.net site.

wholenewlight

From your "emphasis added" quote from Comcast's release, it appears that Comcast just found a new, free stock photo source for their own needs.

Even though I'd enjoy seeing my shot shown to potentially millions, I probably wouldn't hand over my photos for their perpetual business use.

Shay Stephens

Concerned?!?!
You should be!

Angelo wrote:

y submitting the photo I am giving Comcast a perpetual, royalty-free, worldwide license to use the photo for its business purposes, including Photo of The Day.

Whenever you run across this type of language, you are giving up your right to control and or profit form your work. The rights granted are too broad. What would be better for the photographer? Something like this:

submitting the photo I am giving Comcast a perpetual, royalty-free, worldwide license to use the photo for its Photo of The Day program only.

What is the difference? You are only granting rights for their photo of the day program, not their entire business plan, organization, or whatever they can think of. If you only want your photo to run for a year, then remove the 'perpetual' language and replace it with 'one year'.

The bottom line, keep control of your work. Even if you don't value it now, in the future you may. A great photo taken now, may become a photo of the year later and be sought after by Time magazine (as one example). If you are the only source for that photo, you will be the beneficiary. If the Joe Shmoe POTD website has your photo and the rights to do with it as they please, they will, and you will be left holding the bag.

If you don't like the language of a contract, alter it, amend it, or decline to participate. They are your photos, and you ultimately make the rules that determine how it is used, no one else can unless you actively, passively, or ignorantly allow them. Not a put down by the way, some just don't understand the language used.

Angelo

wholenewlight wrote:

From your "emphasis added" quote from Comcast's release, it appears that Comcast just found a new, free stock photo source for their own needs.

Even though I'd enjoy seeing my shot shown to potentially millions, I probably wouldn't hand over my photos for their perpetual business use.

I agree!

Angelo

Shay Stephens wrote:

You should be!
Whenever you run across this type of language, you are giving up your right to control and or profit form your work. The rights granted are too broad. What would be better for the photographer? Something like this:

submitting the photo I am giving Comcast a perpetual, royalty-free, worldwide license to use the photo for its Photo of The Day program only.

What is the difference? You are only granting rights for their photo of the day program, not their entire business plan, organization, or whatever they can think of. If you only want your photo to run for a year, then remove the 'perpetual' language and replace it with 'one year'.

The bottom line, keep control of your work. Even if you don't value it now, in the future you may. A great photo taken now, may become a photo of the year later and be sought after by Time magazine (as one example). If you are the only source for that photo, you will be the beneficiary. If the Joe Shmoe POTD website has your photo and the rights to do with it as they please, they will, and you will be left holding the bag.

If you don't like the language of a contract, alter it, amend it, or decline to participate. They are your photos, and you ultimately make the rules that determine how it is used, no one else can unless you actively, passively, or ignorantly allow them. Not a put down by the way, some just don't understand the language used.

Shay: Actually the language does not say for POTD only. It says business practices, including POTD.

Certainly one should protect their rights and amend contracts appropriately when possible. I don't believe (not sure) one can alter online "terms and conditions"

Anyway, I just found it interesting that they would be so careless about one's property rights.

JamesJWeg

What is your take on this one? Is it too open too? This is BBC's "In Pictures"

Terms and conditions If you submit an image, you do so in accordance with the BBC's Terms and Conditions. In contributing to BBC News you agree to grant us a royalty-free, non-exclusive licence to publish and otherwise use the material in any way that we want, and in any media worldwide. (See the Terms and Conditions for the full terms of our rights.)

It's important to note, however, that you still own the copyright to everything you contribute to BBC News and that if your image and/or video is accepted, we will endeavour to publish your name alongside it on the BBC News website. Please note that due to operational reasons this accreditation will probably not be possible with video. The BBC cannot guarantee that all pictures and/or video will be used and we reserve the right to edit your comments.

James.


P.S. Could they get away with reselling it? Or would it be limited to their own use?