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James Shadle
09-22-2011, 08:20 PM
I actually read all of the Terms and Conditions (up to here anyway) for Nikon's My Picturetown.


Ownership

All rights, title, ownership and interest in and to all content, text, images, data, information and other material displayed, available or present on the Website, including without limitation, Templates and Photomovies, and all trademark, service mark, copyright, patent, utility model design, and other intellectual property and proprietary, privacy and publicity rights (hereinafter collectively "Intellectual Property Rights") in and to all of the foregoing, but excluding User Content (collectively, “Content”), are the property of Nikon, its licensors or the designated owners, and are protected by applicable Intellectual Property Rights laws. You hereby grant to Nikon(bold fonts are mine) a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive, full right and license to publish, copy, reproduce, modify, exhibit, perform, exploit, display, transmit, distribute, make derivative works of, license, include in compilations, and/or otherwise use User Content contained in any and all Photomovies, in any format and through any means, in any media now known or hereafter created, for any purpose whatsoever.


I decided not to sign up:Whoa!:.

Roger Clark
09-22-2011, 09:08 PM
Good choice! Wow!

Daniel Cadieux
09-22-2011, 09:09 PM
At least they are not hiding anything!! Man that is to the point, black-on-white, no guessing language. Did they forget to include anything?:eek3:

Dan Brown
09-22-2011, 09:10 PM
At least they are not hiding anything!! Man that is to the point, black-on-white, no guessing language. Did they forget to include anything?:eek3:First born son!:2eyes2:

Mike Hannisian
09-23-2011, 06:31 AM
I have refused to enter various contests because of similar language. It is far from uncommon!

John Chardine
09-23-2011, 06:41 AM
How long do law students have to go to school to learn to write like this????!

Mike Hannisian
09-23-2011, 06:44 AM
How long do law students have to go to school to learn to write like this????!

Keep in mind that we have a legal system, not a justice system.

Mike Hannisian
Attorney at Law of the States of NJ, PA, TX, Retired

Don Lacy
09-23-2011, 08:25 AM
Same for Facebook and Goggle + if post it on their sites they own it.

Ed Cordes
09-25-2011, 06:52 PM
Wow! Pretty heavy handed. If you see one of your images in a Nikon ad you are just out of luck?? This is terrible.

Harshad Barve
09-26-2011, 09:55 PM
Ahhhhhhhhha , Nice that they don't claim for your gear :bg3::bg3:

BTW any news on new release of FX/DX bodies

Mike Hannisian
09-27-2011, 05:38 AM
Same for Facebook and Goggle + if post it on their sites they own it.

Almost but not quite. FB's policy is that they have non-exclusive, royalty free usage rights to any image on FB.

As such, I have removed all of my images from FB, post when I have added new images to my website, and referred people to my website.

fabiobernardino
09-27-2011, 08:21 AM
Wow.:Whoa!:

I wrote something related on my "introduce yourself" topic last night.
http://www.birdphotographers.net/forums/showthread.php/88976-Hello-from-Rio-de-Janeiro.

Crazy times.

David Stephens
09-27-2011, 05:00 PM
I have refused to enter various contests because of similar language. It is far from uncommon!

Me too.

At least, in this case, it's a non-exclusive license.

Jay Gould
09-28-2011, 02:26 AM
If I were a member of Nikon Prof Services, I would have a few unkind words for them through the appropriate channels.

It is their right; I think it stifles openness and sharing creativity.

adrian dancy
09-28-2011, 06:23 AM
If I were a member of Nikon Prof Services, I would have a few unkind words for them through the appropriate channels.

It is their right; I think it stifles openness and sharing creativity.


Even worse, it devalues photography generally and in particular folk who buy their equipment. Seems like a great business idea though: flog expensive gear to a customer then let him/her take a few shots with it, then they give their work to us. It's about as bad as asking a condemned man to pay for the bullets they are going to use to shoot him.:bg3:

adrian dancy
09-28-2011, 06:25 AM
Keep in mind that we have a legal system, not a justice system.

Mike Hannisian
Attorney at Law of the States of NJ, PA, TX, Retired


I think what you mean is you have an injustice system...same as we have here:wave:

Mike Hannisian
09-28-2011, 06:29 AM
I think what you mean is you have an injustice system...same as we have here:wave:

It's what happens when profits are the only consideration.

Sabyasachi Patra
09-28-2011, 12:12 PM
Amazing.

I believe James is among the only few people who read these terms and conditions. Most of the time people just agree without reading it. It is great that you have informed people. I never thought Nikon will use such cheap tricks. Thanks for sharing.

Cheers,
Sabyasachi

Ulli Hoeger
09-29-2011, 12:09 PM
As already has been pointed out, this kind of "smallprint" can be found in the rules and conditions of most photo competitions and many photo hosting websites.
And in the case of photo competition this is not limited to winning entries.

Problem is that most people that upload or enter images to those sites and competitions don't ready the "small print".

At least Nikon's wording doesn't leave anything unclear (check Sigma Canada's "members" photoalbum for more obscure wording, that explains nothing).

Ulli

John Chardine
09-29-2011, 02:14 PM
Correct Ulli but the onus should be on the lawyers to write text that serves the needs of the legal system but is also understandable and terse. That way people would be much more inclined to read the "fine print". This goes back to my earlier post about the writing lawyers churn out- my comment looked tongue-in-cheek but I was serious. Lawyers should be taught during their long years at university to write in terse, plain, understandable English (or whatever language is applies). I am absolutely convinced that it is possible to do this, while at the same time serving the needs of the legal system. This applies to everything from wills to contracts to insurance policies to mortgages, and on and on, and we the consumer should demand terse, plain, understandable language or the document does not get signed. This would bring commerce to a halt until things changed. Nothing short of a revolution is needed in this area. However, I can't see it happening any time soon.

Mike Hannisian
09-29-2011, 03:34 PM
Correct Ulli but the onus should be on the lawyers to write text that serves the needs of the legal system but is also understandable and terse. That way people would be much more inclined to read the "fine print". This goes back to my earlier post about the writing lawyers churn out- my comment looked tongue-in-cheek but I was serious. Lawyers should be taught during their long years at university to write in terse, plain, understandable English (or whatever language is applies). I am absolutely convinced that it is possible to do this, while at the same time serving the needs of the legal system. This applies to everything from wills to contracts to insurance policies to mortgages, and on and on, and we the consumer should demand terse, plain, understandable language or the document does not get signed. This would bring commerce to a halt until things changed. Nothing short of a revolution is needed in this area. However, I can't see it happening any time soon.

John, while I share the sentiment of your statement, it ignores the reality of the fact that the practice of law is to represent clients and everyone else be damned. This is the primary reason I retired from practicing law 10 years.