Comments on: Post-Project Stress Syndrome, and “Who Really Owns Your Words?”

By: Hump Day Reading for the Restless Soul — Write From Home

Hump Day Reading for the Restless Soul — Write From Home — Wed, 10 Sep 2008 10:01:02 +0000

[...] Post-Project Stress Syndrome, and “Who Really Owns Your Words?” at Copywriter Underground [...]

By: Tom Chandler

Tom Chandler — Sat, 06 Sep 2008 18:27:37 +0000

Rebecca: Make sure your photog buddies use the All Rights Reserved (ARR) license wherever possible. That doesn’t protect them from thieves, but at least no agency will pull their stuff down and use it without compensation.

And thank you.

By: Rebecca

Rebecca — Fri, 05 Sep 2008 20:32:07 +0000

Hi Tom,

Thanks for this post. Like Sunny my initial reaction is to go straight to my facebook account and take down all my pictures :o)

I’ll definitely pass this onto my photographer friends who make ample use of Flickr.

Take care,

Rebecca

PS. You’re a funny guy :o)

By: Tom Chandler

Tom Chandler — Fri, 05 Sep 2008 16:36:11 +0000

Sunny: I don’t believe a model release is needed to simply post a picture online. It’s only required when your likeness is used for a commercial purpose.

Graham: I remember hearing a little bit about the Flick’r case, but thanks to the pointer to the thread. The commercial (ad agency) use of images from Flick’r – without even notification to the photographers – is a good example of the dangers of the digital era for creatives, and a good reminder to use the Creative Commons license very judiciously.

John: Nice to know I’m not the only who occasionally finds odd (and restrictive) clauses in his NDAs. Thanks for sharing your experiences.

By: John Soares

John Soares — Thu, 04 Sep 2008 14:21:51 +0000

Hello Tom,

I write supplements for college textbooks. Three types of contract clauses in that field can be problematic.

1. Non-Disclosure Clause. I usually don’t have a problem with this since it asks me not to divulge the nature of the project to competitors until the project is complete.

2. Non-Compete Clause. Usually requires that I not do similar work for another publisher for 1-3 years. I always have this stricken, although it doesn’t often appear.

3. Update Clause. This asks me to update the work indefinitely. Occasionally appears. I have it removed, or I get clarification. It often means that I agree to negotiate the update with them, and I get compensated for the update. However, once one editor didn’t see it that way and it caused a temporary rift between us.

Cheers,

John Soares

By: Graham Strong

Graham Strong — Thu, 04 Sep 2008 11:55:59 +0000

Hey Tom,

Your first point reminded me of the Virgin Mobile ad that used a picture it took from Flickr. As part of the Creative Content (CC) agreement, it attributed the photographer with a URL in the bottom left of the ad.

However, it did not secure a model release. The 16-year old girl in the photo sued for using the photo and for Virgin using derogatory remarks. Seemingly it was the repeated use of the word “virgin” in the image that caused her embarrassment with her friends.

Just goes to show, even when you own the content on the web, you don’t own the content on the web…

Here’s the offending poster:

http://flickr.com/photos/sesh00/515961023/

~Graham

By: Sunny Daydreame

Sunny Daydreame — Wed, 03 Sep 2008 21:26:56 +0000

I actually read the facebook photos TOS and then stopped posting pictures on facebook. I really think there should also be a way to remove pictures of me that other people upload. The fact is, most of the pictures that are on there of me, the individual does not have my permission to publish them (no model release) and they were taken in a private setting.

I think google would have a hard time enforcing their chrome TOS if push came to shove.