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Thread: Am I reading this correctly?

  1. #1
    Co-Founder James Shadle's Avatar
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    Default Am I reading this correctly?

    I actually read all of the Terms and Conditions (up to here anyway) for Nikon's My Picturetown.

    1. Ownership
      1. 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.

  2. #2
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    Good choice! Wow!

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    Super Moderator Daniel Cadieux's Avatar
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    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?

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    Quote Originally Posted by Daniel Cadieux View Post
    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?
    First born son!

  5. #5
    Mike Hannisian
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    I have refused to enter various contests because of similar language. It is far from uncommon!

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    How long do law students have to go to school to learn to write like this????!

  7. #7
    Mike Hannisian
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    Quote Originally Posted by John Chardine View Post
    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

  8. #8
    BPN Member Don Lacy's Avatar
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    Same for Facebook and Goggle + if post it on their sites they own it.
    Don Lacy
    You don't take a photograph, you make it - Ansel Adams
    There are no rules for good photographs, there are only good photographs - Ansel Adams
    http://www.witnessnature.net/
    https://500px.com/lacy

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    Wow! Pretty heavy handed. If you see one of your images in a Nikon ad you are just out of luck?? This is terrible.

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    Ahhhhhhhhha , Nice that they don't claim for your gear

    BTW any news on new release of FX/DX bodies

  11. #11
    Mike Hannisian
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    Quote Originally Posted by Don Lacy View Post
    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.

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    Wow.

    I wrote something related on my "introduce yourself" topic last night.
    http://www.birdphotographers.net/for...Rio-de-Janeiro.

    Crazy times.

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    Quote Originally Posted by Mike Hannisian View Post
    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.

  14. #14
    Lifetime Member Jay Gould's Avatar
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    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.
    Cheers, Jay

    My Digital Art - "Nature Interpreted" - can now be view at http://www.luvntravlnphotography.com

    "Nature Interpreted" - Photography begins with your mind and eyes, and ends with an image representing your vision and your reality of the captured scene; photography exceeds the camera sensor's limitations. Capturing and Processing landscapes and seascapes allows me to express my vision and reality of Nature.

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    Quote Originally Posted by Jay Gould View Post
    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.

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    Quote Originally Posted by Mike Hannisian View Post
    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

  17. #17
    Mike Hannisian
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    Quote Originally Posted by adrian dancy View Post
    I think what you mean is you have an injustice system...same as we have here
    It's what happens when profits are the only consideration.

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    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

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    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
    Last edited by Ulli Hoeger; 09-29-2011 at 12:13 PM.

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    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.
    Last edited by John Chardine; 09-29-2011 at 02:17 PM.

  21. #21
    Mike Hannisian
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    Quote Originally Posted by John Chardine View Post
    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.

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