Moderators: richierich, ua900, PanAm_DC10, hOMSaR
Quote: Airliners.net reserves the right not to display the watermark to some users at our own discretion. |
Quote: 1. When you post User Photos to the Service, you hereby grant Airliners.net a limited, revocable, perpetual (subject to your right of revocation), worldwide, royalty-free, non-exclusive license to use, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), and advertise around the User Photos. This limited license only allows Airliners to use your User Photos on or through the Service. |
Quoting Lennymuir (Reply 2): Please give practical examples of that 'discretion'.. |
Quoting N1120A (Reply 3): Quote: 1. When you post User Photos to the Service, you hereby grant Airliners.net a limited, revocable, perpetual (subject to your right of revocation), worldwide, royalty-free, non-exclusive license to use, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), and advertise around the User Photos. This limited license only allows Airliners to use your User Photos on or through the Service. The way this reads, that part about "Through the Service" can absolutely be read to mean, and I fear will be read to mean by DM's IP lawyers, that photos posted on A.net may be distributed, without royalty or consent, to others at DM's choosing. That looks a lot like the previous TOU that were deemed unacceptable by the Community. |
Quoting AC320 (Reply 9): Service is define at the opening of the terms: THE SITE COLLECTIVELY, THE ("SERVICE") It's clearly Airliners.net itself. |
Quoting AC320 (Reply 9): Service is define at the opening of the terms: THE SITE COLLECTIVELY, THE ("SERVICE") It's clearly Airliners.net itself. |
Quoting Flyheligirl (Thread starter): 1. You as the photographer/copyright holder retain ownership of the submitted picture, and only grant a limited license to Airliners.net so that other members of the community may view and enjoy your photograph. |
Quoting Flyheligirl (Thread starter): We will try to notify everyone who submits a picture of the outcome of the screening process by email. |
Quoting Flyheligirl (Reply 5): For the last few years, one of the benefits of the first class membership is to be able to view all photos without the watermark. That is the example we were talking about here. We would like to maintain that for our first class members. Hope that makes sense, let me know if it doesn't. |
Quoting Ander (Reply 19): This does not protect us from misuse of the photo. Any first class member could save any photo to their computer and then use it for any purpose without the watermark, right? |
Quoting Ander (Reply 19): This does not protect us from misuse of the photo. Any first class member could save any photo to their computer and then use it for any purpose without the watermark, right? |
Quoting Moo (Reply 21): Quoting Ander (Reply 19): This does not protect us from misuse of the photo. Any first class member could save any photo to their computer and then use it for any purpose without the watermark, right? Of course it doesn't, and that doesn't change the current situation - I as a First Class subscriber can currently view your photos without the watermark, and I must say that that is *the* reason I continue to pay the subscription. If that ability were to be taken away from me then I would stop paying. The photographers on this site strive for excellence in the photos they upload, does it make any sense to subsequently lower the quality of those photos through the addition of a watermark to those actually paying for the service? By limiting the watermark to non paying visitors, you have pretty much mitigated 99% of your problem anyway. |
Quoting N1120A (Reply 13): hat doesn't clarify whether it means using them only on the site or using the site as the medium with which to use the photos for other reasons in other places. |
Quoting Flyheligirl (Thread starter): a) for technical purposes such as compressing the submitted JPG file or converting it to another format such as TIF; b) adding a copyright bar to your picture; c) adding a watermark in accordance with your stated preferences. Airliners.net reserves the right not to display the watermark to some users at our own discretion. |
Quoting Farcry (Reply 25): Just wanted to ask about (a) in the above quote. What exactly is a TIF? If a picture is submitted as a JPG why would it need to be converted or compressed? Sorry folks. I'm not 'that' computer savvy. |
Quoting Dvincent (Reply 26): Quoting Farcry (Reply 25): Just wanted to ask about (a) in the above quote. What exactly is a TIF? If a picture is submitted as a JPG why would it need to be converted or compressed? Sorry folks. I'm not 'that' computer savvy. TIFF = Tagged image file format. A file format that, unlike JPEG, does not use lossy compression. It's generally used in the print industry. It just means that they can add extra JPEG compression to your photos. I hope it doesn't mean to EVERY photo because the competition does it and it can cause problems. I just want my pictures displayed as-is.. which is why I generally don't use watermarks and save out of Photoshop at 100% quality. In this case I believe it means that if someone uploads a file larger than 1600, it will be resized and therefore recompressed. Am I incorrect in this guess? |
Quoting Flyheligirl (Reply 10): THE AIRLINERS.NET WEBSITE (the "Site") OR ANY SOFTWARE, GAMES, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE COLLECTIVELY, THE ("SERVICE"). |
Quoting Moo (Reply 21): The photographers on this site strive for excellence in the photos they upload, does it make any sense to subsequently lower the quality of those photos through the addition of a watermark to those actually paying for the service? |
Quoting AndyEastMids (Reply 30): So in other words, DM could package up some of the pictures into [say] a screensaver or some other software product or application that is made available (doesn't say they can't charge for it either!) through a.net and that's OK |
Quoting JeffM (Reply 31): It absolutely does..... Ever had one of you images stolen and used ? And guess what? Without a watermark on it? I have. Anyone can pay the measly subsription and rip off our photos. The tiny little copyright bar does nothing compared to a watermark. I might even consider paying to override the first class benefit of not seeing the watermark. It's crazy that everyone is up in arms about the security of their 'precious' images and then agrees to show them to the world without a watermark. |
Quoting Flyheligirl (Thread starter): a) for technical purposes such as compressing the submitted JPG file or converting it to another format such as TIF; b) adding a copyright bar to your picture; c) adding a watermark in accordance with your stated preferences. Airliners.net reserves the right not to display the watermark to some users at our own discretion. |
Quoting Ander (Reply 19): This does not protect us from misuse of the photo. Any first class member could save any photo to their computer and then use it for any purpose without the watermark, right? |
Quoting Acontador (Reply 35): As far as I can see, there is really nothing new within these ToU that Airliners/DM can do to our pictures that they are not doing today, but now it is written as a binding document for all parties, which does protect our rights way better than the old ToUs did. And even in the worst case, that is you do detect some use by Airliners/DM that you don't want, you can always revoke the licence and have your pictures deleted, so it's very easy to control and administer our rights as photographers. |
Quoting AC320 (Reply 24): Is restricting the use of photos through Airliners.net and it's features via a limited, non-exclusive license that states ownership remains with the individual and guarantees proper credit while assuring Airliners.net and its parent entity make no ownership claims and will remove said photos upon request not going to cut it? |
Quoting AC320 (Reply 24): Per these terms, if they even look at you funny and you can request photo removal or rain down legal trouble upon them. |
Quoting AC320 (Reply 24): What are the other places that you worry about and how would the pictures be used there? |
Quoting AndyEastMids (Reply 30): So in other words, DM could package up some of the pictures into [say] a screensaver or some other software product or application that is made available (doesn't say they can't charge for it either!) through a.net and that's OK. Well no its not, actually. |
Quoting AC320 (Reply 33): through the Service |
Quoting Clickhappy (Reply 36): The only 100% safe method is to keep your photos small or not online at all. |
Quoting Flyheligirl (Thread starter): 2. Your picture will undergo a screening process. We will try to notify everyone who submits a picture of the outcome of the screening process by email. |
Quoting Codeshare (Reply 40): On a side note, maybe the site can help the photographers with 'stolen' photos, by sending official e-mail to the 'thieves' ? Not always the photographer can achieve the removal of the photo from the website by him/herself. |
Quoting Flyheligirl (Reply 10): Again, hope this better helps. |
Quoting TimdeGroot (Reply 41): Since A.net does not own the copyright (the point of the whole TOU) it wouldn't make any sense to tell people to take down photos etc since only the copyrightholder can do so. |
Quoting Psych (Reply 18): I would add one point again - I believe this matter is of such importance that a separate email should be sent to all photographers, updating them on the situation following the last email and also directing them to this thread. This Forum should not be seen to be the only means of communicating on such an important topic area - especially as we saw how strongly people felt about this issue and how it was handled. |
Quoting LeadingEdge (Reply 22): My e-mail address has been used recently by spammers and I would like an assurance that action will not be taken against members as a result of the unauthorized use of their e-mail address by spammers. |
Quoting Codeshare (Reply 40): On a side note, maybe the site can help the photographers with 'stolen' photos, by sending official e-mail to the 'thieves' ? Not always the photographer can achieve the removal of the photo from the website by him/herself. |
Quoting JeffM (Reply 15): Can the service make a dime from someone's posted image without that persons consent? e.g. t-shirt sales, video sales, picture books, etc. Or if the service does make money from someone's image, what percentage goes to the copyright owner? |
Quoting N1120A (Reply 39): People have always been able to demand photo removal, though the hoops they apparently have to jump through now are tougher. That isn't the issue. |
Quoting JeffM (Reply 31): It absolutely does..... Ever had one of you images stolen and used ? And guess what? Without a watermark on it? I have. Anyone can pay the measly subsription and rip off our photos. |
Quoting JeffM (Reply 31): The tiny little copyright bar does nothing compared to a watermark. I might even consider paying to override the first class benefit of not seeing the watermark. It's crazy that everyone is up in arms about the security of their 'precious' images and then agrees to show them to the world without a watermark. |
Quoting AC320 (Reply 47): I disagree and think this is the core of the issue. |
Quoting AC320 (Reply 47): Welcome to America, land of the lawsuit and where I can cash in if my coffee cup doesn't tell me coffee is hot. |
Quoting Moo (Reply 47): *I* am the one paying for *your* photos to be hosted on it. |
Quoting N1120A (Reply 48): Actually, I think you go too far there. The photos bring in significantly more revenue than the first class members. |