Whose copyright?
Posted 14/03/2012 - 23:58
Link
Those look to be the terms of the main web site. The Gallery Terms are here: link
It does say, "Copyright of the Images will remain the property of the photographer."
It does say, "Copyright of the Images will remain the property of the photographer."
Quote:
Gallery Terms & Conditions
Gallery Terms Privacy Policy
PENTAX has the option, at its sole discretion to decide whether to crop, edit or otherwise alter the images accepted into the Gallery as well as remove any images from its website.
Photographs containing nudity, obscenity, profanity, pornography, violence, and anything that is lewd or offensive in nature, or otherwise inappropriate images will be excluded from the website. PENTAX reserves the right at its sole discretion to decline and disqualify any images that are considered inappropriate. However if this condition is ignored, in extreme cases, PENTAX will notify authorities to settle this matter legally. The submitted images must be the photographer's original work. The photographer also certifies that the images submitted have never been copyrighted or, if copyrighted that the photographer is the copyright owner.
It is the sole responsibility of the submitting photographer to obtain a written release from any recognizable person in a submitted photo. The submission of public domain images is prohibited. Copyright of the Images will remain the property of the photographer. A credit will be provided under all images. PENTAX does not take any responsibility for pictures displayed in the Gallery that viewers may find offensive. If an artist takes another person's picture and submits it under his/her own name, he/she will be disqualified and may be required to pay for compensations.
PENTAX reserves the right to use all approved pictures as it wishes for display in all areas of this website and subsequent Photo Gallery applications (i.e. screensaver). All artists share his/her personal information through the Artist Biography page at his/her own risk. All applicants must make sure to provide correct and valid personal information. If any applicants appear to provide false information, he/she will be removed from the Gallery. Upon the violation of our Terms & Conditions, depending on the severity of the matter, PENTAX will issue a warning or immediate dismissal from the Gallery. Second warning will result in a permanent dismissal from the Gallery, and possible legal action.
Picture titles and descriptions may not contain any profane or inappropriate language. Any personal information that is submitted by the artists will be for internal use only and will not be shared with the public or any other parties.
PENTAX reserves the right to make any and all changes to the pentaxphotogallery.com and to change, modify, add or remove terms of these Terms & Conditions at its sole discretion without notice to the user. Changes to the Terms & Conditions shall be effective immediately, and subsequent use by you of the PENTAX Gallery shall constitute your acceptance of these changes. PENTAX reserves the right to deny access to pentaxphotogallery.com to anyone at any time.
John
Gallery Terms & Conditions
Gallery Terms Privacy Policy
PENTAX has the option, at its sole discretion to decide whether to crop, edit or otherwise alter the images accepted into the Gallery as well as remove any images from its website.
Photographs containing nudity, obscenity, profanity, pornography, violence, and anything that is lewd or offensive in nature, or otherwise inappropriate images will be excluded from the website. PENTAX reserves the right at its sole discretion to decline and disqualify any images that are considered inappropriate. However if this condition is ignored, in extreme cases, PENTAX will notify authorities to settle this matter legally. The submitted images must be the photographer's original work. The photographer also certifies that the images submitted have never been copyrighted or, if copyrighted that the photographer is the copyright owner.
It is the sole responsibility of the submitting photographer to obtain a written release from any recognizable person in a submitted photo. The submission of public domain images is prohibited. Copyright of the Images will remain the property of the photographer. A credit will be provided under all images. PENTAX does not take any responsibility for pictures displayed in the Gallery that viewers may find offensive. If an artist takes another person's picture and submits it under his/her own name, he/she will be disqualified and may be required to pay for compensations.
PENTAX reserves the right to use all approved pictures as it wishes for display in all areas of this website and subsequent Photo Gallery applications (i.e. screensaver). All artists share his/her personal information through the Artist Biography page at his/her own risk. All applicants must make sure to provide correct and valid personal information. If any applicants appear to provide false information, he/she will be removed from the Gallery. Upon the violation of our Terms & Conditions, depending on the severity of the matter, PENTAX will issue a warning or immediate dismissal from the Gallery. Second warning will result in a permanent dismissal from the Gallery, and possible legal action.
Picture titles and descriptions may not contain any profane or inappropriate language. Any personal information that is submitted by the artists will be for internal use only and will not be shared with the public or any other parties.
PENTAX reserves the right to make any and all changes to the pentaxphotogallery.com and to change, modify, add or remove terms of these Terms & Conditions at its sole discretion without notice to the user. Changes to the Terms & Conditions shall be effective immediately, and subsequent use by you of the PENTAX Gallery shall constitute your acceptance of these changes. PENTAX reserves the right to deny access to pentaxphotogallery.com to anyone at any time.
John K
Posted 15/03/2012 - 08:40
Link
Thanks for that Jak. You've pointed out the crucial fact that I missed - copyright remains the property of the photographer.
David
David
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3312 posts
18 years
Durham,
England
Therefore I'm alarmed to read one of the the terms of copyright of the Pentax Photo Gallery which states:
'' Ownership; Restrictions
All materials contained in this site are the copyrighted property of PENTAX RICOH IMAGING AMERICAS CORPORATION, its subsidiaries and affiliated companies (the "Related Parties") and/or licensors (the "Licensors") or other owners (the "Owners"). "PENTAX" and other marks used in the site are trademarks of PENTAX Imaging Company, and/or their licensors or respective Owners. To reproduce, republish, upload, post, transmit, modify, distribute or publicly perform or display material from this site, you must first obtain written permission from PENTAX Imaging Company. You may view and download material from this site for your personal, non-commercial home use only, provided that (1) both the copyright notice appearing below and this permission notice appear, (2) such material will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications are made to any such materials. The permissions specified above do not include any authorization for you to copy the design or layout of the PENTAX Web site. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated.''
So how does that affect the ownership of photos belonging to non USA members.
Is this a sinister US law that could restrict the ligitimate use of our own photos in publications, photographic exhibitions, other websites etc or is it designed to safeguard individuals from internet pirates?
Should we be worried or reassured by this?
I'm interested in the views of other PUF members, particularly any with legal experience.
David