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PostPosted: Wed Feb 11, 2009 6:54 pm 
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Joined: Sat Feb 09, 2008 9:06 am
Posts: 386
Location: Manchester (UK)
Hi all... looking for some advice here.

I received an email today from Emma Williams, Managing Editor, Schmap Guides.

They seem to have selected one of my London pics from flickr and have shortlisted it for use in their travel guide 2009.

Has anyone else had a similar request and it there anything I should look out for???

Useful links
http://www.flickr.com/photos/schmap/
http://www.schmap.com/


They don't pay but will put my name by the picture.

I'm also a little worried they will link to the image on my flickr page (Does that count towards my monthly bandwidth quota?).

Also I'm not really au fait with the ownership rights. Am I giving away anything.

Any advice is welcome. For those who are really bored I have included the T&C's, for everyone else thanks for reading this far.

mirageII



TERMS OF SUBMISSION

THESE TERMS OF SUBMISSION (THE “TERMS”) REPRESENT A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL PERSON OR A SINGLE LEGAL ENTITY (“YOU”), AND SCHMAP, INC. (“SCHMAP”). BY CLICKING THE “SUBMIT” BUTTON, YOU CONFIRM YOUR ACCEPTANCE OF THE TERMS.

1. PHOTOS
The term "Photos" refers to one or more photographs and/or images licensed by You to Schmap pursuant to the Terms.

2. LICENSE GRANT
Subject to the terms and conditions herein, You hereby grant Schmap a worldwide, royalty-free, non-exclusive, perpetual license to include the Photos in the current and/or subsequent releases of Schmap's destination/local guides.

3. FAIR USE RIGHTS
Nothing in these Terms is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

4. LIMITATIONS
The license granted in Section 2 above is made subject to and limited by the following express limitations:

(a) Schmap may only distribute, publicly display, publicly perform, and/or publicly perform the Photos pursuant to the Terms.

(b) Schmap shall be required to keep intact all copyright notices for the Photos and provide, reasonable to the medium or means of utilization, the name of the original author (or pseudonym, if applicable) if supplied, for attribution in Licensor's copyright notice, terms of service or by other reasonable means, and a credit (implemented in any reasonable manner) identifying the use of the Photos in any derivative Photos created by Schmap.

(c) Schmap shall, to the extent reasonably practicable, provide Internet link(s) to your Photos.

(d) Schmap shall not sublicense the Photos.

(e) Schmap shall indicate to the public that You reserve all rights with respect to use of the Photos.

(f) Schmap shall continue to make its destination/local guides available at no cost to end users.

(g) Schmap shall display the Photos at a maximum width of 150 pixels.

5. RIGHTS
You confirm that You own or otherwise control all of the rights to the Photos and that use of the Photos by Schmap will not infringe or violate the rights of any third parties.

6. NO OBLIGATION
Schmap shall have no obligation whatsoever to reproduce, distribute, broadcast, or otherwise make use of the Photos licensed by You to Schmap hereunder.

7. NO AFFILIATION
While the Flickr website and/or Flickr API have been used to short-list your Photos, Schmap claims no affiliation or partnership with Flickr.

8. MISCELLANEOUS
If any provision of the Terms is ruled unenforceable, such provision shall be enforced to the extent permissible, and the remainder of the Terms shall remain in effect. The Terms constitute the entire agreement between the parties with respect to the Photos licensed hereunder. There are no understandings, agreements or representations with respect to the Photos not specified hereunder. If there is any dispute about or involving the Terms or the license granted hereunder, You agree that such dispute shall be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. The license granted in the Terms may not be modified without the mutual written agreement of You and Schmap.

_________________
Canon EOS 400D, EF-S 18-55mm, EF 24-105mm f/4L IS USM, EF 50mm f/1.8 MK I, EF-S 10-22mm, EF 70-200mm f/4L IS USM, EF 35mm f/2 IS, EF 85mm f/1.8
Canon 430EX II, Manfrotto 055CXPRO3, Arca Swiss P0
Panasonic GX1, Panasonic 20mm f/1.7, Olympus 45mm f/1.8
Canon EOS 30/33 and Pentax MX/ME Super

MY FLICKR!


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PostPosted: Wed Feb 11, 2009 7:40 pm 
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Joined: Sat Jan 24, 2009 12:58 am
Posts: 285
Location: Germany
schmaps.com once also sent me an email asking for the usage of one of my Seattle pictures. My wife had read the T&C and just told me that I kept my rights to the picture.
I think they were hosting the picture themselves. They gave my wife a credit since I didn't want to put my name online.

Was just going there again and saw that they have other pictures meanwhile for that category. It was a short kind of fame. ;- )

regards,
HTG


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