{"id":157,"date":"2010-01-05T16:52:34","date_gmt":"2010-01-05T21:52:34","guid":{"rendered":"https:\/\/thecopyrightzone.com\/?p=157"},"modified":"2010-01-16T18:43:06","modified_gmt":"2010-01-16T23:43:06","slug":"rights-grab-part-aww-forget-counting-already","status":"publish","type":"post","link":"https:\/\/thecopyrightzone.com\/?p=157","title":{"rendered":"Rights Grab, Part….aww, forget counting already."},"content":{"rendered":"

More rights grabs. Like that little battery bunny, they just keep coming and coming.<\/p>\n

NY Times online version (at least) ran a feature story on images voluntarily<\/em> submitted to it apparently<\/em> without payment.\u00a0The NY Times pleads for additional pix and posts with the following as submission terms:<\/p>\n

“By submitting to us, you are promising that the content is original, doesn\u2019t plagiarize from anyone or infringe a copyright or trademark, doesn\u2019t violate anybody\u2019s rights and isn\u2019t libelous or otherwise unlawful or misleading. You are agreeing that we can use your submission in all manner and media of The New York Times and that we shall have the right to authorize third parties to do so. And you agree to the rules of our Member Agreement, found online at <http:\/\/www.nytimes.com\/ref\/membercenter\/help\/agree.html.%22<\/a><\/span>> By all means read the entirety of the NYT guidelines for yourself. If I interpret the whole thing for you, you will think I am lying.<\/p>\n

For those of you who have any trouble understanding the above terms they mean that – the contributor is permitting the Times and anyone who the Times wants to license the image to, unrestricted use of the image without compensation to you. The Times may make whatever fees it can get by licensing the image to any third party.<\/p>\n

Going the Times one worse, running every day on page 2 of the The New York Daily News is a plea which reads:”GOT A PHOTO?<\/strong> Did you capture that perfect New York moment? We want it! Send your picture to: desk@dailynewspix.com<\/a><\/span>“<\/strong> At the request of some clients who were unable to obtain or find a copy of the submission guidelines used by “New York’s Picture Newspaper”, I endeavored to locate it.\u00a0 Several e mails and four telephone conversations with News employees later, I can report that as of this moment I have failed.<\/p>\n

I identified myself and clearly explained that I was phoning\/writing at the request of photographer clients who needed to see the guidelines before even considering sending the News any photos.\u00a0 Each person at the News who spoke to me was both pleasant and clueless.\u00a0 It was suggested to me by a lady in “picture sales” that a contributor, “just needs to call our legal department and speak to one or our attorneys”.\u00a0 Incredulous I asked, “You expect each contributor to talk to a lawyer? Where in your solicitation does it say that”?\u00a0 I advised the News that I would not reach out to it again.\u00a0 That if indeed such guidelines exist, they can send them to me and I will post them for all to see.<\/p>\n

Why anybody would voluntarily send a picture to a publication, especially a “top ten” newspaper, without any terms, conditions or compensation attached it beyond me.\u00a0 The mere fact that the NY Daily News (or any other publication) “wants it” doesn’t justify your giving<\/em> them a present.\u00a0 You just can’t make this stuff up.<\/p>\n","protected":false},"excerpt":{"rendered":"

More rights grabs. Like that little battery bunny, they just keep coming and coming. NY Times online version (at least) ran a feature story on images voluntarily submitted to it apparently without payment.\u00a0The NY Times pleads for additional pix and posts with the following as submission terms: “By submitting to us, you are promising that […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1,15,20],"tags":[],"class_list":["post-157","post","type-post","status-publish","format-standard","hentry","category-copyright-info","category-legal","category-stuff-you-should-know"],"_links":{"self":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts\/157","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=157"}],"version-history":[{"count":6,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts\/157\/revisions"}],"predecessor-version":[{"id":160,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts\/157\/revisions\/160"}],"wp:attachment":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=157"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=157"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=157"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}