Llwyncelyn Posted January 5, 2007 Share Posted January 5, 2007 Dear Will I no longer contribute to this forum and for a number of reasons: However here as an exception and as a lawyer and with considerable experience of contract and property rights that sort of thing I can say that based on my own experience (mine alone but I can point you towards a web site for stated cases) that the catch all T 's & C's of Archant have very little chance of being effective in any action.There are lots of statutes on this including unfair terms and conditions in contract and their envelope approach is too far ranging and wide to be applied in such matters. Their Lordships would have a field-day but I think its too wide and would fail. regards Link to comment Share on other sites More sharing options...
Dick Smith Posted January 5, 2007 Author Share Posted January 5, 2007 Gay - I have made this quite clear, I don't see why we need to keep restating the case or why it is so difficult to understand.At present Archant reserve the right to use anything we post for their own purposes and profit, and they have exercised that right. All I want to see is an undertaking that they would not use photographs posted by forum members without permission. The message from Admin did not make such an undertaking. If Archant do not have any intention of ever using images then why not say so in plain language? Link to comment Share on other sites More sharing options...
cooperlola Posted January 5, 2007 Share Posted January 5, 2007 Anybody who is concerned about this could simply post links back to their photo websites (Photobucket, Flickr etc) rather than putting images directly onto the forum. Then at least those who are interested in this section could still look at the great pics. As R/H says, it will be a pity if this dies a death. Link to comment Share on other sites More sharing options...
Will Posted January 5, 2007 Share Posted January 5, 2007 As we have said before, and as has been confirmed, the page of T&Cs which is being discussed here is something that has been written by Archant's legal people who have no doubt specified that it be linked from all the company web sites. Despite having spent some time as a moderator, this topic is the first I knew about it. It is not up to Forum Admin to change its content, and I don't think his managers would be very impressed if he did. Thanks to Llwyncelyn for confirming what some of us thought, that this clause does not really have any legal standing. I personally think that if somebody feels the need to propose such insensitive, unworkable and unenforceable conditions it reflects badly on the company's senior management.Despite all this, and the fact that the Living France people are all decent, fair and honest and I am sure would not dream of pirating our carefully-gathered experience and research for their own ends, I think it right that we should ask that our material is not misused in such a manner. I would hate to lose pictures and information from this forum because some users were worried about what is a remote, but possible, eventuality. The kitten's point seems perfectly reasonable - if somebody from Living France or France magazine would confirm that they would not knowingly infringe any user's intellectual property rights, then I believe the concerns, however slight but still real, would be answered. Link to comment Share on other sites More sharing options...
Russethouse Posted January 5, 2007 Share Posted January 5, 2007 [quote user="Fluffy Kitten"]Gay - I have made this quite clear, I don't see why we need to keep restating the case or why it is so difficult to understand.At present Archant reserve the right to use anything we post for their own purposes and profit, and they have exercised that right. All I want to see is an undertaking that they would not use photographs posted by forum members without permission. The message from Admin did not make such an undertaking. If Archant do not have any intention of ever using images then why not say so in plain language?[/quote]My logic is this: as soon as this point is cleared up no doubt either you or someone else will think of another point, better to mull it over and deal with all these concerns in one hit.As you know the forum is only part of Jame's job so he is not always available, it also takes into account the fact that we have the weekend coming up and James (admin) who is the only one able to answer these questions, will not present. In the circumstances I think it is a perfectly reasonable request. Link to comment Share on other sites More sharing options...
Quillan Posted January 5, 2007 Share Posted January 5, 2007 [quote user="Fluffy Kitten"]All I want to see is an undertaking that they would not use photographs posted by forum members without permission.[/quote]That’s the thing they are not on this forum they are in the public domain (unless you have set selective rights) on a totally different server and system over which Achant or anyone else has control over. You can't expect Archant to make a commitment to something beyond their control. If you try to copy any photo currently from this Photography section it is copied from wherever you have stored it i.e. Photobucket. It is not copied from Archant or this forum. So therefore you need to ask the world not to copy your photos for gain because anyone can get them and copy them from Photoshop and they let you do it and just to prove a point (I will delete it in a while I only did this as an example). This photo is NOT on the Archant server.[IMG]http://i50.photobucket.com/albums/f338/dick_at_aulton/DSC_0052.jpg[/IMG]Now if I want to I can put this photo on my personal website for gain if I wish (although I wouldn't). If you didn't know of me it could be ages before you found out (if ever) that anyone was actually using your photo. So it is impossible technically as James said to give any specific guarantee against using your photo's from this website or allowing others to do so because they don't control the access.PS Dick nice chicken any particular breed, very handsome? Link to comment Share on other sites More sharing options...
cooperlola Posted January 5, 2007 Share Posted January 5, 2007 You have a good point there. Somewhere in the mists of time both another forum member and I, quite independently, both posted pictures of a boozy advent calendar which somebody - whom incidentally I know - took, and posted on another site. I don't know where the other member got his copy from but I lifted mine direct from that site. The originator of this particular pic was more than happy that I used it as it was meant as a joke, but he has no idea which forum I put it on. Link to comment Share on other sites More sharing options...
Will Posted January 5, 2007 Share Posted January 5, 2007 But what we are talking about are your own pictures, and about them being used by Archant. Surely where they are stored is irrelevant - if you put your picture, or a link to your picture, on this forum and the publisher then uses the picture on one of their own web sites or in a magazine, then you should be entitled to at least an acknowledgment, maybe a payment? Neither Quillan's chicken or Copperlola's boozy calendar seem to meet this definition.You can't make rules to cover all situations. Well, you can try, and that's why we have ended up with this over-zealous set of terms and conditions. I think the key is, as mentioned above, that Living France can easily give an undertaking never to knowingly steal your copyright. As we have all agreed to the code of conduct (as opposed to the T&Cs) then it is not unreasonable for Archant to consider any images on this forum to be either free from copyright or the property of the person posting them. Somebody else other than Archant stealing your images is another issue altogether. Link to comment Share on other sites More sharing options...
Ex Forum Admin Posted January 5, 2007 Share Posted January 5, 2007 "All I want to see is an undertaking that they would not use photographs posted by forum members without permission."Hi,I can confirm that we would not take the images that appear on this forum (hotlinked) and use them without the members permission.In fact to make it simple IF I did create a gallery on the site I will not move photos from the forum, I would let members upload to the gallery themselves and they would therefore know that they would be used there.[:)]James Link to comment Share on other sites More sharing options...
Christine Animal Posted January 5, 2007 Share Posted January 5, 2007 Come on you lot, you can't ask for better than that !Thank you James. [:)] Link to comment Share on other sites More sharing options...
Ex Forum Admin Posted January 5, 2007 Share Posted January 5, 2007 ...not that I was thinking about the gallery idea anymore anyway.....not now we have this section.... Link to comment Share on other sites More sharing options...
Dick Smith Posted January 5, 2007 Author Share Posted January 5, 2007 [quote user="Forum Admin"]"All I want to see is an undertaking that they would not use photographs posted by forum members without permission."Hi,I can confirm that we would not take the images that appear on this forum (hotlinked) and use them without the members permission.In fact to make it simple IF I did create a gallery on the site I will not move photos from the forum, I would let members upload to the gallery themselves and they would therefore know that they would be used there.[:)]James[/quote]Thank you. That's all we were asking for... perhaps we need such a statement in the forum header in the photgraphic section.Quillan - I don't know the breed of the chicken - if you'd nicked the text as well that's what I was asking! Link to comment Share on other sites More sharing options...
Ex Forum Admin Posted January 5, 2007 Share Posted January 5, 2007 I've added it to the 'please read first' sticky. Link to comment Share on other sites More sharing options...
Quillan Posted January 5, 2007 Share Posted January 5, 2007 Will - It was Dicks chicken taken from his album within Photobucket. I didn't technically nick it I just put a link in to display it. My intent was nothing other than to show that any member can display any photo belonging to anybody from Photoshop without even asking yet its not actually on the Forum server, only the link resides there. I think this is the route a barrister would go if this situation was challenged in court. If you don't want your photos used by anyone don't put them on Photobucket or any other website that does the same thing.Anyway you now have an answer from Admin so it's all a bit emotive.Dick - Would you like me to remove your chicken now, I think it proved a point?Edit - Correct my spelling Link to comment Share on other sites More sharing options...
Dick Smith Posted January 5, 2007 Author Share Posted January 5, 2007 Absolutely not - it's a fine chicken, and I'm interested to find out what breed it is - apparently it's an 'old breed' but I don't know what one, and the RSPB website is very poor on chickens!Incidentally, it is quite possible to save the image to your desktop and use it however you wish, and if anyone wishes to use this image of a fine chicken they are welcome to do so, as long as I (and the chicken) get an acknowledgement. Come to think of it, though, I didn't get the chicken to sign a model release form, so perhaps I don't have the right to publish the photograph myself... Link to comment Share on other sites More sharing options...
Quillan Posted January 5, 2007 Share Posted January 5, 2007 At the risk of going off topic it may be a French Moran. You could check out the following website http://www.pandtpoultry.co.uk/ I believe they cost about £35 each, there's money in them there chickens Dick. Link to comment Share on other sites More sharing options...
Christine Animal Posted January 5, 2007 Share Posted January 5, 2007 Are you sure your chicken is not a cock Dick ? Link to comment Share on other sites More sharing options...
Will Posted January 5, 2007 Share Posted January 5, 2007 It could be a bramah, I think Link to comment Share on other sites More sharing options...
Jonzjob Posted January 5, 2007 Share Posted January 5, 2007 It might be getting more valuable by the minute toooooo?[IMG]http://i47.photobucket.com/albums/f180/Jonzjob/Dickschooks.jpg[/IMG]You can do what you like with the posted photos in Boto opps nearly Photo Bucket.I will remove it if you wish my little pussy mate!!! Link to comment Share on other sites More sharing options...
Christine Animal Posted January 5, 2007 Share Posted January 5, 2007 [IMG]http://i13.photobucket.com/albums/a269/lavande/Cocks.jpg[/IMG] Copy, right ? Link to comment Share on other sites More sharing options...
cooperlola Posted January 5, 2007 Share Posted January 5, 2007 I thought they were Coloured Dorkings when I first saw them - to be sure you have to count their toes as Dorkings have an extra one!http://www.finerareprints.com/birds/teget/vol_teget_7113.htm Link to comment Share on other sites More sharing options...
Dick Smith Posted January 5, 2007 Author Share Posted January 5, 2007 He did indeed have an extra toe or two, so perhaps you are right. Link to comment Share on other sites More sharing options...
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