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achuang
10-23-2008, 11:05 PM
Just thought I'd share what happened a few days ago. I received a flickr mail from another user who is working with the 2 authors of the site www.wefeelfine.org (http://www.wefeelfine.org) to create a book based on the site.
The way it works is they have created a program which searches all internet blogs for the phrases "I feel" or "I am feeling". One of my flickr images has those words in the caption and they asked to use my this image along with the caption in the book. As payment I receive a signed copy of the book and an invite to the launch.

http://farm3.static.flickr.com/2409/2071706553_ca9bbc5e3a_o.jpg

Caption: "My newborn nephew. I feel very young to be an uncle."

Has this happened to anyone else? I did a google search and quite a few people have talked about being contacted on their blog.

K1W1
10-23-2008, 11:25 PM
Congrats.
But if all these people have been contacted and presumably a number have accepted and are getting free books how are the books being funded?
Have you signed away your rights to the photo?

achuang
10-23-2008, 11:32 PM
I have no idea how the books are being funded. I had to sign an image release.

jcon
10-24-2008, 12:00 AM
What did the image release state? Id be very cautious about signing that, unless there was cash involved. I dont mean to "rain on your parade" just dont want to see you get hosed!

BTW, nice picture!

achuang
10-24-2008, 12:08 AM
This is the part about the permission.

"Permission includes the perpetual non-exclusive world rights in all languages to use the material and will not limit any future publications - including future editions and revisions - by you or others authorized by you."

Anyone care to explain?

I'm not really that worried about it anyway.

jcon
10-24-2008, 12:11 AM
Im not too savvy on wording like that, thats why I pay attorneys for my business docs, but it sounds like they can use the image for anything they choose?

achuang
10-24-2008, 12:18 AM
It doesn't bother me too much. I was happy just receiving a book with my photo in it.

jcon
10-24-2008, 12:19 AM
Im not trying to scare you or make you worry. As a photog myself, id hate to see another get used. If its legit, congrats, and you should be very proud!!!

K1W1
10-24-2008, 12:30 AM
"Permission includes the perpetual non-exclusive world rights in all languages to use the material and will not limit any future publications - including future editions and revisions - by you or others authorized by you."

Going back 30ish years when I studied some law. :D

I would read that to mean that they can use the photo when and where they like forever "perpetual non-exclusive world rights in all languages to use the material"
but you can also use the photo whenever or however you like.
"not limit any future publications - including future editions and revisions - by you or others authorized by you"

The three issues I see are;
1. You no longer have exclusive rights to the photo so you have no control where or how it's used so for example if Microsoft decide to pay the book publishers $1million to use it in the Windows XP 2010 edition launch that's stiff for you. This is unlikely to happen because the Publishers also have no exclusive rights so MS could not buy rights they don't own.
2. You cannot sell the exclusive rights to MS because you don't have them any longer.
3. If the photo ends up on some site or in a publication you don't like after being transmitted through the publishers then you will probably have difficulty doing anything about it.

I also don't want to rain on the parade but make sure that you keep all correspondence about this transaction. It may become important at some time in the future.

K1W1
10-24-2008, 12:34 AM
By the way. here are the ownership details for the blog.

Registrant ID 38197106-NSI
Registrant Name Jonathan Harris
Registrant Organization Number27
Registrant Street1 236 High Acres Farm Road
Registrant City Shelburne
Registrant State/Province VT
Registrant Postal Code 05482
Registrant Country US
Registrant Phone +1.802985226
Registrant Email jjh@number27.org
Admin ID 38197106-NSI
Admin Name Jonathan Harris
Admin Organization Number27
Admin Street1 236 High Acres Farm Road
Admin City Shelburne
Admin State/Province VT
Admin Postal Code 05482
Admin Country US
Admin Phone +1.802985226
Admin Email jjh@number27.org
Tech ID 38197106-NSI
Tech Name Jonathan Harris
Tech Organization Number27
Tech Street1 236 High Acres Farm Road
Tech City Shelburne
Tech State/Province VT
Tech Postal Code 05482
Tech Country US
Tech Phone +1.802985226
Tech Email jjh@number27.org
Name Server NS2.WEFEELFINE.ORG
NS.WEFEELFINE.ORG

Dread Pirate Roberts
10-24-2008, 03:06 AM
I wouldn't be too worried either Andrew. If it pans out great you've got the thrill of being published. If it doesn't and you've just lost exclusive rights to your image well what would you have done with exclusive rights anyway.

I've wondered myself about entering some of the weather photos on the tv news where you'd be signing away rights and enabling someone to make a buck off your images for nothing more than the cudos of being "published".

Yours is a lovelly shot btw.

Prospero
10-24-2008, 03:04 PM
Beautiful picture, Andrew. Definitely one that deserves to be published. Congratulations.

I recently had one of my pictures of the fire at my university published in a Mexican magazine about Architecture. They send me the magazine as a reward. The picture was printed very small, though, and they misspelled my name :(

achuang
10-25-2008, 04:10 PM
Thanks guys. Looks like I might be waiting for a while as the book will be launched next year.