Beware Breakingnews.ie

Sebzy

Snipped from http://www.photographers.ie/

More on Breakingnews.ie and Irish Examiner 25/04/2008
Yesterday we came across and highlighed TCH terms regarding images submited to the news website "BreakingNews.ie". Thomas Crosbie Holdings, who also publish a number of newspapers including the Irish Examiner, "in consideration of allowing you to submit photographs and video" take your claim on any rights to the image and subsequent earnings while at the same time making you responsible if they suffer any loss as a result of using the image. Since we highlighted these clauses the Copyright Action Website has picked it up and posted in their forum.


http://www.breakingnews.ie/info/terms.aspx

Image Upload Terms

In submitting your pictures and/or video, you agree to be bound by the following terms:

(a) In consideration of allowing you to submit photographs and video, you grant us and our affiliates perpetual, worldwide, royalty-free licence to modify, translate, make available, distribute and sub-license your photograph or video in whole or in part and in any form. This may include personal information such as your name, alias and caption. You waive any moral rights that you may have in regard to the photographs and video you submit;

(b) We reserve the right (which we may exercise in our sole discretion without notice) to modify, edit or delete any photograph or video;

(c) In consideration of us allowing you to submit your photograph or video, you agree not to submit any photograph or video that is indecent, infringes the copyright or other rights of third parties or which contain any other form of illegal content, profanity or immoral material; and

(d) You agree to indemnify and hold harmless us and our affiliates (on demand) against any losses, damages, fees, expenses, costs and liabilities arising out of any photographs or video sent by you that are in breach of these terms and conditions or the guidelines;

(e) We reserve the right to modify or vary these terms and conditions from time to time;

(f) In these terms and conditions and guidelines, the term “we” or “us” is a referent to Thomas Crosbie Media Limited and its affiliates.

Ideo

Very interesting! Goes to show there is such a thing as a free lunch, well, from their point of view!!

decsramble

Would they also like some of our stem cells? After all if a photograph becomes valuable it's only fair that they could clone the photographer.

AnCatDubh

hmnnn...... would love a legal opinion as to whether a notice on a web site can remove what is protected in legislation i.e. the copyright belonging to the person that took the image?

Oh and by the way - by replying to this thread with a picture, I claim all copyright to such pictures and any revenues that may accrue worldwide in perpetuity (or at least thats as ridiculous as it appears to me).

Ok. Only joking about the last bit. ;o)

Cabaal

Right your all fecked now! :pac:

Image Posting Terms

By posting your pictures and/or video in any thread Cabaal posts in, you agree to be bound by the following terms:

(a) In consideration of allowing us to view photographs and video, you grant us and our affiliates perpetual, worldwide, royalty-free licence to modify, translate, make available, distribute and sub-license your photograph or video in whole or in part and in any form. This may include personal information such as your name, alias and caption. You waive any moral rights that you may have in regard to the photographs and video you post;

(b) We reserve the right (which we may exercise in our sole discretion without notice) to modify, edit or delete any photograph or video;

(c) In consideration of you allowing us to view your photograph or video, you agree not to post any photograph or video that is indecent, infringes the copyright or other rights of third parties or which contain any other form of illegal content, profanity or immoral material; and

(d) You agree to indemnify and hold harmless us and our affiliates (on demand) against any losses, damages, fees, expenses, costs and liabilities arising out of any photographs or video sent by you that are in breach of these terms and conditions or the guidelines;

(e) We reserve the right to modify or vary these terms and conditions from time to time;

(f) In these terms and conditions and guidelines, the term “we” or “us” is a referent to Cabaal & Cabaal.org and its affiliates.

FinoBlad

How can someone that gets something for free turn around and say they can sub-licence it. I can't for the life of me understand that mentality.

MooseJam

and the moral of the story is don't submit anything, ever ...

JMcL

That's an absolutely outrageous rights grab. Adobe got (rightly) roasted for less than that a few weeks ago.

trooney

This is surely a breach of your 'photography civil liberties' and they should be approached and warned of the same. In the meanwhile, nobody should submit any photos to them. Bunch of corporate whores!

City-Exile

The Star are selling my pictures, at €22 each, without my prior knowledge, or permission, or any credit given.

challengemaster

City-Exile wrote: »

The Star are selling my pictures, at €22 each, without my prior knowledge, or permission, or any credit given.

*Sniffs* Is that quite a large sum of money I smell coming your way?

Stephen

Cheeky bastards.

the star wrote:

© Independent Star Ltd. All Rights Reserved. Unauthorized reproduction strictly prohibited by law.

That and their retarded no-right-click script :rolleyes:

Covey

City-Exile wrote: »

The Star are selling my pictures, at €22 each, without my prior knowledge, or permission, or any credit given.

Presume you sold your images to them in the first place. Was there a T&C allowing them to do this?

City-Exile

Covey wrote: »

Presume you sold your images to them in the first place. Was there a T&C allowing them to do this?

I have no contract with them, or nothing that said I sold them the rights.
All my images have the copyright embedded in the EXIF data.
This clearly states that I reserve all rights.

decsramble

City-Exile wrote: »

The Star are selling my pictures, at €22 each, without my prior knowledge, or permission, or any credit given.

Really? Sue.

Covey

City-Exile wrote: »

I have no contract with them

How did they get your photos btw.?

City-Exile

decsramble wrote: »

Really? Sue.

Not going to fly off the handle, but I'm certainly looking into the legality of their actions.

decsramble

City-Exile wrote: »

Not going to fly off the handle, but I'm certainly looking into the legality of their actions.

You can bet your arse if you started selling a newspaper that just copied their stories you would be seeing the inside of a court room before the second edition. Taking copyrighted photos to print in a paper with no credit or payment is bad enough but to sell someone elses photos... If thats true I suspect there will be a job vacancy in the Stars photo department sometime soon.

City-Exile

They've got a list of games, with my shots for sale.
Douglas Hall
Rockmount
Fairview
Clontarf
Stillorgan

Certainly need to get a response from the paper fairly soon.

Covey

So, how did they get your shots, they claim to have high res images?

melekalikimaka

thats balls

City-Exile

Covey wrote: »

So, how did they get your shots, they claim to have high res images?

I wouldn't call 500Kb files, "high res".
Anyway, I'll keep this matter offline, for now.
No value in playing it out online.

Cabaal

Stephen wrote: »

Cheeky bastards.
That and their retarded no-right-click script :rolleyes:

what no click script?

City-Exile, hope you get sorted out,