Schmap Seattle

Discussion in 'Digital Photography' started by HomeingPigeon, Dec 31, 2008.

  1. HomeingPigeon macrumors regular

    Joined:
    Aug 1, 2007
    #1
    They just asked me to submit one of my pictures so that they could use it in their new flyer they are coming out with. Just getting my photos out is awesome. So I am thinking I will submit and then get the flyers to show people. Does that make sense?
     
  2. compuwar macrumors 601

    compuwar

    Joined:
    Oct 5, 2006
    Location:
    Northern/Central VA
    #2
    Depends totally on what the terms are- what rights do they want and what are they offering in exchange for those rights?
     
  3. HomeingPigeon thread starter macrumors regular

    Joined:
    Aug 1, 2007
    #3
    TERMS OF SUBMISSION

    THESE TERMS OF SUBMISSION (THE “TERMS”) REPRESENT A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL PERSON OR A SINGLE LEGAL ENTITY (“YOU”), AND SCHMAP, INC. (“SCHMAP”). BY CLICKING THE “SUBMIT” 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.


    That would be the terms.
     
  4. compuwar macrumors 601

    compuwar

    Joined:
    Oct 5, 2006
    Location:
    Northern/Central VA
    #4
    Disclaimer: I'm not a lawyer, you should get one for actual legal advice, I'm just thinking out loud about what my concerns would be.

    I'm not sure under what law an "agreement" falls if there's no consideration (that is, for it to be binding by my understanding of contract law they need to give you some sort of payment for it to fall under contract law.) Now I've seen model releases which don't provide payment, prints, CDs, etc. talked about as falling under the same venue as "permission slips" for kids school trips- but that'd be my remaining concern (because the terms actually look pretty good- although I question their exit strategy since they don't have successors of interest in the assignment.) If they're not offering something of value, then I'd want to figure out where the legal standing for the arrangement fell.
     
  5. jake-g macrumors member

    Joined:
    Feb 28, 2008
    #5
    Im curious why you would give photos away to a company that would use them to make money. People won't be astounded by the quality at that resolution so it's not like you will receive referrals.
     
  6. HomeingPigeon thread starter macrumors regular

    Joined:
    Aug 1, 2007
    #6
    Just to get your name and your work out there. Yes it is low resolution but atleast it got published.
     

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