westhinder
Well-Known Member
Spring cleaning after overwintering afloat
It is satisfyingly random. Something to please everyone, I think.Quite amazed to see that this thread has been viewed a whooping 28 thousand times. Very popular![]()
Do the T's and C's allow Time to claim the copyright of any picture posted on the forum?
No.
Flippant answer - the Ts & Cs don't allow Time to to anything as they're no longer the site owners.
More serious and detailed answer:
There's two places where they declare Ts & Cs: Terms and Conditions of Use and Future PLC - Terms & Conditions - Future
The former is less formal and aimed specifically at these forums. The latter is more general about Future PLC's sites.
They both agree that "Future Plc. reserves the right to re-use any submission to the Forum of ybw.com in any format or media and in such ways as YBW sees fit.", or "You hereby: (a) grant Future and its group companies an irrevocable, perpetual, royaltyfree right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such Content in any form or medium anywhere in the World;".
So copyright stays with the person who took the photograph. But, by posting, we are allowing Future PLC to use the photograph for their own purposes.
The other relevant clause is: "(b) irrevocably and unconditionally waive any moral rights or similar rights you have in any Content pursuant to the Copyright, Designs and Patents Act 1988 (as amended, superseded or replaced from time to time) (the “Act”) or equivalent legislation anywhere in the World.". Which sounds worrying, but is actually fairly specific. Wikipedia summarises the moral rights:
So... No, the terms & conditions don't allow anyone else to claim copyright on the words or pictures you post here. But they do allow Future PLC to reuse them for their own
- the right to be identified as the author or the director, right which has to be "asserted" at the time of publication (ss. 77–79);
- the right to object to derogatory treatment of work (ss. 80–83);
- the right to object to false attribution of work (s. 84);
- the right to privacy of certain photographs and films (s. 85).
evilpurposes and/or to claim someone else took the photos. Specifically, they have no rights whatsoever over what else you can do with your own photograph. You are free to enter it in a competition, or sell it to another magazine or whatever.
In reality, I don't think there's any real likelihood of a problem. Most of the reason for those clauses is technical - it allows them to make the content available on the website, and to reuse in an app or other undreamt of future technology.
What I'd love to see is a good writer sitting down with the forum archives and producing a distillation of good advice; a reference work that shows best practice, and alternative views, for the variety of practical boaty problems aired on here - its unlikely to happen (high input, low monetisation potential) but if it did, I wouldn't want the plan to be snookered by individual bolshie forum members. The copyright clauses give some protection against that (assuming they're deemed fair and legal clauses to which we have genuinely given consent).
That's probably more answer than you wanted. I should have stuck to "No"!
No.
Flippant answer - the Ts & Cs don't allow Time to to anything as they're no longer the site owners.
More serious and detailed answer:
There's two places where they declare Ts & Cs: Terms and Conditions of Use and Future PLC - Terms & Conditions - Future
The former is less formal and aimed specifically at these forums. The latter is more general about Future PLC's sites.
They both agree that "Future Plc. reserves the right to re-use any submission to the Forum of ybw.com in any format or media and in such ways as YBW sees fit.", or "You hereby: (a) grant Future and its group companies an irrevocable, perpetual, royaltyfree right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such Content in any form or medium anywhere in the World;".
So copyright stays with the person who took the photograph. But, by posting, we are allowing Future PLC to use the photograph for their own purposes.
The other relevant clause is: "(b) irrevocably and unconditionally waive any moral rights or similar rights you have in any Content pursuant to the Copyright, Designs and Patents Act 1988 (as amended, superseded or replaced from time to time) (the “Act”) or equivalent legislation anywhere in the World.". Which sounds worrying, but is actually fairly specific. Wikipedia summarises the moral rights:
So... No, the terms & conditions don't allow anyone else to claim copyright on the words or pictures you post here. But they do allow Future PLC to reuse them for their own
- the right to be identified as the author or the director, right which has to be "asserted" at the time of publication (ss. 77–79);
- the right to object to derogatory treatment of work (ss. 80–83);
- the right to object to false attribution of work (s. 84);
- the right to privacy of certain photographs and films (s. 85).
evilpurposes and/or to claim someone else took the photos. Specifically, they have no rights whatsoever over what else you can do with your own photograph. You are free to enter it in a competition, or sell it to another magazine or whatever.
In reality, I don't think there's any real likelihood of a problem. Most of the reason for those clauses is technical - it allows them to make the content available on the website, and to reuse in an app or other undreamt of future technology.
What I'd love to see is a good writer sitting down with the forum archives and producing a distillation of good advice; a reference work that shows best practice, and alternative views, for the variety of practical boaty problems aired on here - its unlikely to happen (high input, low monetisation potential) but if it did, I wouldn't want the plan to be snookered by individual bolshie forum members. The copyright clauses give some protection against that (assuming they're deemed fair and legal clauses to which we have genuinely given consent).
That's probably more answer than you wanted. I should have stuck to "No"!
Don't know the name but it's next to N Fambridge River station. You can only get to it at HW unless you fancy wading through the mud.
I think if future PLC had any intention of monetizing the photos people post on the forum they would allow more than a measly 1MB maximum file size. However if they ever up that limit it might be why...No.
Flippant answer - the Ts & Cs don't allow Time to to anything as they're no longer the site owners.
More serious and detailed answer:
There's two places where they declare Ts & Cs: Terms and Conditions of Use and Future PLC - Terms & Conditions - Future
The former is less formal and aimed specifically at these forums. The latter is more general about Future PLC's sites.
They both agree that "Future Plc. reserves the right to re-use any submission to the Forum of ybw.com in any format or media and in such ways as YBW sees fit.", or "You hereby: (a) grant Future and its group companies an irrevocable, perpetual, royaltyfree right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such Content in any form or medium anywhere in the World;".
So copyright stays with the person who took the photograph. But, by posting, we are allowing Future PLC to use the photograph for their own purposes.
The other relevant clause is: "(b) irrevocably and unconditionally waive any moral rights or similar rights you have in any Content pursuant to the Copyright, Designs and Patents Act 1988 (as amended, superseded or replaced from time to time) (the “Act”) or equivalent legislation anywhere in the World.". Which sounds worrying, but is actually fairly specific. Wikipedia summarises the moral rights:
So... No, the terms & conditions don't allow anyone else to claim copyright on the words or pictures you post here. But they do allow Future PLC to reuse them for their own
- the right to be identified as the author or the director, right which has to be "asserted" at the time of publication (ss. 77–79);
- the right to object to derogatory treatment of work (ss. 80–83);
- the right to object to false attribution of work (s. 84);
- the right to privacy of certain photographs and films (s. 85).
evilpurposes and/or to claim someone else took the photos. Specifically, they have no rights whatsoever over what else you can do with your own photograph. You are free to enter it in a competition, or sell it to another magazine or whatever.
In reality, I don't think there's any real likelihood of a problem. Most of the reason for those clauses is technical - it allows them to make the content available on the website, and to reuse in an app or other undreamt of future technology.
What I'd love to see is a good writer sitting down with the forum archives and producing a distillation of good advice; a reference work that shows best practice, and alternative views, for the variety of practical boaty problems aired on here - its unlikely to happen (high input, low monetisation potential) but if it did, I wouldn't want the plan to be snookered by individual bolshie forum members. The copyright clauses give some protection against that (assuming they're deemed fair and legal clauses to which we have genuinely given consent).
That's probably more answer than you wanted. I should have stuck to "No"!
As you say, any photo posted here has to be of such low quality as to be unusable for publishing purposes (photos used for publication have to be of high resolution and lossless compression). The $64,000 question is, what about photos LINKED to from here? Many of us have posted photos hosted elsewhere, and the various elsewheres also have T&Cs that often have similar clauses, or clauses saying no commercial use or whatever. For example, if I linked to an image on Wikipedia, Wikipedia insists on a Creative Commons license, and if I linked to one on Facebook, Facebook probably owns rights to it, as well as a lien on your soul! Unless you link to a domain you personally own, it is likely that third parties impose T&Cs that often look very like those of this forum.I think if future PLC had any intention of monetizing the photos people post on the forum they would allow more than a measly 1MB maximum file size. However if they ever up that limit it might be why...