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What does this really mean??

pete
Posted 23/06/2011 - 21:59 Link
Our local football club has an area on their website where fans can upload photos for other fans to see.
This is a condition of uploading, "By submitting your photos you agree that ************** are able to use the photos without restriction."
So my question is are they effectively gaining the copyright to the pictures?
snappychappy
Posted 23/06/2011 - 22:04 Link
I believe so. You would still be accredited with the images, but I think they can use them as they please. Am no expert in copyright though.
Smeggypants
Posted 23/06/2011 - 22:09 Link
No they are not gaining the copyright. You retain that.


Frankly I don't think any court would uphold such a clause as "By submitting your photos you agree that ************** are able to use the photos without restriction."

IOW is this local football club started selling your pics or using them them outside the boundaries of the site then a judge would rule against it.

Maybe the Unfair Contract Terms Act 1977 might be of help.
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Mike-P
Posted 24/06/2011 - 08:36 Link
Quite a common clause now, especially with competitions.

From what I have read on other forums basically once you submit it they can do whatever they like with the picture .. including using it in all promotional activity for free.
Pentaxophile
Posted 24/06/2011 - 09:36 Link
pete wrote:
So my question is are they effectively gaining the copyright to the pictures?

I think you would still hold the copyright but you have agreed that they can use the photos for whatever purpose. So I don't think they could sell them, but they can display them on their website, use them for promotional material etc - anything connected to the club.
[link=https://500px.com/will_brealey/[/link]
Blythman
Posted 24/06/2011 - 09:50 Link
My read is you give them unrestricted license. They can do what they like with them. That is different to copyright though. You still have that. If they had copyright, then you wouldn't be able to do anything with them.
Alan


PPG
Flickr
K10D
Posted 24/06/2011 - 11:20 Link
They have your permission "agreement" to use the images in any way they see fit. So do you. You "may" be credited but you will need that in writing. I have just agreed similar terms with Fremantle Council for street images.

Best regards
Inspiration is rarer than a plate glass camera.....
SkyRider
Posted 24/06/2011 - 13:14 Link
Strictly speaking, they need at least some level of release to back up their servers, migrate them to new hardware etc. It may be that they're trying to cover their backs for ill-defined stuff they might possibly do in future rather than have to issue new T&Cs each time.

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