No i do not!

[tfrankland]

"For clarity, Future and its group companies will never sell your material on unless it has sought your prior permission to do so and it would pay you any it.

I get very nervous about Ts&Cs that require "clarification".

If your intention is to pay or pass on agreed (which may be £0) royalties to any photographer whose photographs you use, that should be stated in the Ts&Cs.

.....Tony

Originally Posted by Photo Admin

Thank you for submitting comments about our website terms of use. As you know, our PhotoRadar site was made accessible to you in beta stage so that you could comment on it. As a result, we take your comments very seriously.

We have replicated the paragraph you are concerned about and then explained the meaning of it below.

"If you upload, post or otherwise transmit any Content to the Website, you automatically: (a) grant other users of the Website and the Website Service the right to access the same and use it in accordance with these Terms, and (b) grant Future and its group companies a non-exclusive, royalty free, sub-licensable, perpetual, world-wide licence to use, modify, publish, publicly perform, publicly display and distribute such Content: (i) on and through the Website and the Website Service; and (ii) in any other form or medium (including but not limited to other Future publications) provided that We have obtained your prior permission to do so. You continue to own the Content after it is posted to the Website."

The wording in this paragraph ensures that, if you upload any material to the PhotoRadar site: (i) you grant other users of the PhotoRadar site the right to access that material; (ii) you grant Future and its group companies the right to use that material to publish the same on the PhotoRadar site. Whilst the terms enable Future and its group companies to modify that material, it will only do so to the extent necessary to publish it on the PhotoRadar site; and (iii) you grant Future and its group companies to use that material in other forms- such as on other of its websites BUT Future and its group companies cannot use your material in any other form unless you have first consented to it doing so. For clarity, Future and its group companies will never sell your material on unless it has sought your prior permission to do so and it would pay you any it received.

If you have any further questions, please do not hesitate to post them and we will do our best to answer them.

Hi Photo Admin,

Are you saying that if Future chose to publish a glossy hardback book of say wildlife around the world at a RRP; they would ask permission to use the photographs and then pay the photographer something ! - There seems to be a contradiction as the photographs have apparently been provided on "a non-exclusive, royalty free, sub-licensable, perpetual, world-wide licence to use, modify, publish....

Do Future Publishing Ltd / Digital Camera Magazine pay the photographers something for any published / printed photographs (outside publication on this site)?

Or is permission to publish granted by a photographer free of charge as he / she wants to see their name in lights regardless?

Regards
Andy

Hi, sorry this is a double post - I originally asked this here: http://beta.photoradar.com/forums/showthread.php?p=948#post948

Then I re read the whole thread as saw one of the staff members suggesting legal questions will be answered on this thread. So my question is:

"Whilst on the legal issues, I'm am still baffled by the only over 18 years old restriction. I asked the question, as did a number of others, on the DCM site - but no answer was ever (to my knowledge) given. My academic background is law and criminology and these days I'm more Mental Health law, certain areas of Criminal law and European law, not internet law.

I know that this new site is going to be a conglomeration of a number of future photography based web sites/forums. I know DCM has very active members who are under 18 and would like to continue to be active members on the new forum - I'm sure other sites which are being swallowed by PhotoRadar also have young members.

Which statute or legal president are you following when placing an age restriction?"

Its been replied to, citing "current future policy" on the other thread.

[Foxfire]

Originally Posted by Photo Admin

Thank you for submitting comments about our website terms of use. As you know, our PhotoRadar site was made accessible to you in beta stage so that you could comment on it. As a result, we take your comments very seriously.

We have replicated the paragraph you are concerned about and then explained the meaning of it below.

"If you upload, post or otherwise transmit any Content to the Website, you automatically: (a) grant other users of the Website and the Website Service the right to access the same and use it in accordance with these Terms, and (b) grant Future and its group companies a non-exclusive, royalty free, sub-licensable, perpetual, world-wide licence to use, modify, publish, publicly perform, publicly display and distribute such Content: (i) on and through the Website and the Website Service; and (ii) in any other form or medium (including but not limited to other Future publications) provided that We have obtained your prior permission to do so. You continue to own the Content after it is posted to the Website."

The wording in this paragraph ensures that, if you upload any material to the PhotoRadar site: (i) you grant other users of the PhotoRadar site the right to access that material; (ii) you grant Future and its group companies the right to use that material to publish the same on the PhotoRadar site. Whilst the terms enable Future and its group companies to modify that material, it will only do so to the extent necessary to publish it on the PhotoRadar site; and (iii) you grant Future and its group companies to use that material in other forms- such as on other of its websites BUT Future and its group companies cannot use your material in any other form unless you have first consented to it doing so. For clarity, Future and its group companies will never sell your material on unless it has sought your prior permission to do so and it would pay you any it received.

If you have any further questions, please do not hesitate to post them and we will do our best to answer them.

Thanks for the explanation, but your intent is not mirrored in the language used in this clause.
With this clause the Photographer gives "Future" (not just this site) the unrestricted right to publish or anything else for that matter, without the need of obtaining the photographers permission.

As far the comment Future and its group companies will never sell your material well, them why don't you say that in the terms.