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18-09-09, 11:47 PM
Join Date: Jun 2009
Apologies for the delay in responding.
I have been consulting with Future's legal team extensively and hope that the changes to the terms and conditions clarify points. (Yes, there have been some changes!)
Section 5 is where I hope some transparency has been added. "Future will not publish your images in any other Future publications or those of its group companies without express prior permission. Future and its group companies will never sell your images and/or photographs without express prior permission, whereupon royalties will be discussed with you."
'Express prior permission' means exactly that - any Future magazine will have to get permission from you before it can print your images. Accepting the terms and conditions does not count as express prior permission - it merely means you're accepting the terms for using the website.
Abers, in response to your queries:
Do the T&C's apply to images posted in the Forums that are not within the galleries, if that is possible. i.e. to illustrate an example or specific technique?
Yes, the T&C's apply to the whole of PhotoRadar.
Having ticked the box with the 'new' T&C's does that release those images already posted under the old ones?
Any new terms and conditions supercede earlier ones - they will apply to any images posted under previous versions. I don't think PhotoRadar is unique in this respect.
If you delete an image from your gallery, does Future have no further claim on it?
I'm sure you can see that it would be impracticable for the team to keep track of images that have been removed from the site and then remove them from screenshots that have been used to advertise the site, mentions in blogs, newsletters and the like. Future's not really making any 'claim' on your images, and I'd emphasise again the fact that no Future publication could use images without getting your permission first.
happypaddler, if you want to query the T&Cs, and so don't want to agree to them when logging in, you can always contact us directly to raise issues without logging in.
All the best
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