Velocity Reviews

Velocity Reviews (http://www.velocityreviews.com/forums/index.php)
-   Digital Photography (http://www.velocityreviews.com/forums/f37-digital-photography.html)
-   -   Wal-Mart disclaimer WTF? (http://www.velocityreviews.com/forums/t957254-wal-mart-disclaimer-wtf.html)

Usenet Account 02-04-2013 01:04 PM

Wal-Mart disclaimer WTF?
 
I don't think anyone here uses Walmart for prints but just in case you
have friends and/or family that do. From their Terms and Conditions:
"License and Warranties

For all materials you may use or allow others to use in connection with
the Site, including materials posted or submitted to the Site (the
"Materials"):

You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
perpetual, irrevocable, unrestricted, world-wide right and license to
access, use, copy, reproduce, distribute, transmit, display, perform,
communicate to the public, modify, adapt, publish, translate, create
derivative works from, and otherwise use such Materials (in whole or in
part) in connection with the Site and/or the Products, using any form,
media or technology now known or later developed, without providing
compensation to you or any other person, without any liability to you or
any other person, and free from any obligation of confidence or other
duties on the part of Walmart, its affiliates and their respective
licensees;"


--
This space intentionally left blank.

Rob 02-04-2013 01:22 PM

Re: Wal-Mart disclaimer WTF?
 
On 5/02/2013 12:04 AM, Usenet Account wrote:
> I don't think anyone here uses Walmart for prints but just in case you
> have friends and/or family that do. From their Terms and Conditions:
> "License and Warranties
>
> For all materials you may use or allow others to use in connection with
> the Site, including materials posted or submitted to the Site (the
> "Materials"):
>
> You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
> perpetual, irrevocable, unrestricted, world-wide right and license to
> access, use, copy, reproduce, distribute, transmit, display, perform,
> communicate to the public, modify, adapt, publish, translate, create
> derivative works from, and otherwise use such Materials (in whole or in
> part) in connection with the Site and/or the Products, using any form,
> media or technology now known or later developed, without providing
> compensation to you or any other person, without any liability to you or
> any other person, and free from any obligation of confidence or other
> duties on the part of Walmart, its affiliates and their respective
> licensees;"
>
>



WOW just like entering some competitions.

Usenet Account 02-04-2013 01:46 PM

Re: Wal-Mart disclaimer WTF?
 
On 04/02/2013 8:22 AM, Rob wrote:
> On 5/02/2013 12:04 AM, Usenet Account wrote:
>> I don't think anyone here uses Walmart for prints but just in case you
>> have friends and/or family that do. From their Terms and Conditions:
>> "License and Warranties
>>
>> For all materials you may use or allow others to use in connection with
>> the Site, including materials posted or submitted to the Site (the
>> "Materials"):
>>
>> You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
>> perpetual, irrevocable, unrestricted, world-wide right and license to
>> access, use, copy, reproduce, distribute, transmit, display, perform,
>> communicate to the public, modify, adapt, publish, translate, create
>> derivative works from, and otherwise use such Materials (in whole or in
>> part) in connection with the Site and/or the Products, using any form,
>> media or technology now known or later developed, without providing
>> compensation to you or any other person, without any liability to you or
>> any other person, and free from any obligation of confidence or other
>> duties on the part of Walmart, its affiliates and their respective
>> licensees;"
>>
>>

>
>
> WOW just like entering some competitions.


Costco is similar:

Costco disclaimer:

What You License to PNI Digital Media
In order for us to transmit your photos to Costco CA Wholesale Canada
Ltd. and/or Costco CA Enterprises Inc. (collectively, "Costco CA") for
fulfillment, we need the right to make use of all content on the Service
(in accordance with and subject to these Terms). Accordingly, as a
condition to your use, you hereby grant PNI Digital Media a perpetual,
universal, nonexclusive right to copy, display, modify, transmit, make
derivative works of and distribute any content transmitted or provided
to the Service by you, solely for the purpose of providing the Service.
In no event will PNI Digital Media print or display any content provided
by you, other than in accordance with any activity initiated by you
(e.g. photo sharing, printing, etc.). You remain the owner of all
content that you submit to the Service and as a condition to use, you
represent and warrant to PNI Digital Media that you are the owner of the
copyright to content you submit to the Service or that you have written
permission from the copyright owner to submit such content.

http://costco.pnimedia.com/disclaimers/terms.aspx

--
This space intentionally left blank.

Unquestionably Confused 02-04-2013 02:28 PM

Re: Wal-Mart disclaimer WTF?
 
Huh? Read those two disclaimers again. Bottom line is that they aren't
even close. Walmart's allows them to use the photos for any damn thing
they want. A magazine, models, whatever.

Costco, OTOH, is seems to be covering their bets in case something leaks
but otherwise you OWN the images and they won't use them for anything
other than what you've specified. Looks like they want to be able to
send them out (to subcontractors) if needed.

To me, they don't appear to even be close as to what rights are gained
by the vendor (Walmart/Costco) and what is lost by you.


On 2/4/2013 7:46 AM, Usenet Account wrote:
> On 04/02/2013 8:22 AM, Rob wrote:
>> On 5/02/2013 12:04 AM, Usenet Account wrote:
>>> I don't think anyone here uses Walmart for prints but just in case you
>>> have friends and/or family that do. From their Terms and Conditions:
>>> "License and Warranties
>>>
>>> For all materials you may use or allow others to use in connection with
>>> the Site, including materials posted or submitted to the Site (the
>>> "Materials"):
>>>
>>> You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
>>> perpetual, irrevocable, unrestricted, world-wide right and license to
>>> access, use, copy, reproduce, distribute, transmit, display, perform,
>>> communicate to the public, modify, adapt, publish, translate, create
>>> derivative works from, and otherwise use such Materials (in whole or in
>>> part) in connection with the Site and/or the Products, using any form,
>>> media or technology now known or later developed, without providing
>>> compensation to you or any other person, without any liability to you or
>>> any other person, and free from any obligation of confidence or other
>>> duties on the part of Walmart, its affiliates and their respective
>>> licensees;"
>>>
>>>

>>
>>
>> WOW just like entering some competitions.

>
> Costco is similar:
>
> Costco disclaimer:
>
> What You License to PNI Digital Media
> In order for us to transmit your photos to Costco CA Wholesale Canada
> Ltd. and/or Costco CA Enterprises Inc. (collectively, "Costco CA") for
> fulfillment, we need the right to make use of all content on the Service
> (in accordance with and subject to these Terms). Accordingly, as a
> condition to your use, you hereby grant PNI Digital Media a perpetual,
> universal, nonexclusive right to copy, display, modify, transmit, make
> derivative works of and distribute any content transmitted or provided
> to the Service by you, solely for the purpose of providing the Service.
> In no event will PNI Digital Media print or display any content provided
> by you, other than in accordance with any activity initiated by you
> (e.g. photo sharing, printing, etc.). You remain the owner of all
> content that you submit to the Service and as a condition to use, you
> represent and warrant to PNI Digital Media that you are the owner of the
> copyright to content you submit to the Service or that you have written
> permission from the copyright owner to submit such content.
>
> http://costco.pnimedia.com/disclaimers/terms.aspx
>



Irwell 02-04-2013 09:32 PM

Re: Wal-Mart disclaimer WTF?
 
On Mon, 04 Feb 2013 08:28:16 -0600, Unquestionably Confused wrote:

> Huh? Read those two disclaimers again. Bottom line is that they aren't
> even close. Walmart's allows them to use the photos for any damn thing
> they want. A magazine, models, whatever.
>
> Costco, OTOH, is seems to be covering their bets in case something leaks
> but otherwise you OWN the images and they won't use them for anything
> other than what you've specified. Looks like they want to be able to
> send them out (to subcontractors) if needed.
>
> To me, they don't appear to even be close as to what rights are gained
> by the vendor (Walmart/Costco) and what is lost by you.
>
>
> On 2/4/2013 7:46 AM, Usenet Account wrote:
>> On 04/02/2013 8:22 AM, Rob wrote:
>>> On 5/02/2013 12:04 AM, Usenet Account wrote:
>>>> I don't think anyone here uses Walmart for prints but just in case you
>>>> have friends and/or family that do. From their Terms and Conditions:
>>>> "License and Warranties
>>>>
>>>> For all materials you may use or allow others to use in connection with
>>>> the Site, including materials posted or submitted to the Site (the
>>>> "Materials"):
>>>>
>>>> You grant to Walmart Canada Corp. a non-exclusive, royalty-free,
>>>> perpetual, irrevocable, unrestricted, world-wide right and license to
>>>> access, use, copy, reproduce, distribute, transmit, display, perform,
>>>> communicate to the public, modify, adapt, publish, translate, create
>>>> derivative works from, and otherwise use such Materials (in whole or in
>>>> part) in connection with the Site and/or the Products, using any form,
>>>> media or technology now known or later developed, without providing
>>>> compensation to you or any other person, without any liability to you or
>>>> any other person, and free from any obligation of confidence or other
>>>> duties on the part of Walmart, its affiliates and their respective
>>>> licensees;"
>>>>
>>>>
>>>
>>>
>>> WOW just like entering some competitions.

>>
>> Costco is similar:
>>
>> Costco disclaimer:
>>
>> What You License to PNI Digital Media
>> In order for us to transmit your photos to Costco CA Wholesale Canada
>> Ltd. and/or Costco CA Enterprises Inc. (collectively, "Costco CA") for
>> fulfillment, we need the right to make use of all content on the Service
>> (in accordance with and subject to these Terms). Accordingly, as a
>> condition to your use, you hereby grant PNI Digital Media a perpetual,
>> universal, nonexclusive right to copy, display, modify, transmit, make
>> derivative works of and distribute any content transmitted or provided
>> to the Service by you, solely for the purpose of providing the Service.
>> In no event will PNI Digital Media print or display any content provided
>> by you, other than in accordance with any activity initiated by you
>> (e.g. photo sharing, printing, etc.). You remain the owner of all
>> content that you submit to the Service and as a condition to use, you
>> represent and warrant to PNI Digital Media that you are the owner of the
>> copyright to content you submit to the Service or that you have written
>> permission from the copyright owner to submit such content.
>>
>> http://costco.pnimedia.com/disclaimers/terms.aspx
>>


Good legalese on their part.
Covers any disgruntled employee actions
like internetting customer photos.

Unquestionably Confused 02-04-2013 09:41 PM

Re: Wal-Mart disclaimer WTF?
 
On 2/4/2013 3:32 PM, Irwell wrote:
> On Mon, 04 Feb 2013 08:28:16 -0600, Unquestionably Confused wrote:
>
>> Huh? Read those two disclaimers again. Bottom line is that they aren't
>> even close. Walmart's allows them to use the photos for any damn thing
>> they want. A magazine, models, whatever.
>>
>> Costco, OTOH, is seems to be covering their bets in case something leaks
>> but otherwise you OWN the images and they won't use them for anything
>> other than what you've specified. Looks like they want to be able to
>> send them out (to subcontractors) if needed.
>>
>> To me, they don't appear to even be close as to what rights are gained
>> by the vendor (Walmart/Costco) and what is lost by you.

>
> Good legalese on their part.
> Covers any disgruntled employee actions
> like internetting customer photos.
>


Difficult to blame either one of them. We have this attitude in this
country that everyone IS or WANTS TO BE a victim and be compensated for it.

I can envision (sans the disclaimer) a picture of somebody's beautiful
baby getting leaked for whatever reason with the ALMOST end result being
that the advertising agency for Gerber Baby Food tracks the family down
and offers a six figured contract to the parents for their kid to be the
next "Gerber Baby."

Then, while they're having their attorney draw review the contract
either the attorney or they suggest going after WallyWorld or Costco for
invading their precious privacy<g>

I'm smiling, but you know it could happen or has happened in the past.




Usenet Account 02-04-2013 09:46 PM

Re: Wal-Mart disclaimer WTF?
 
On 04/02/2013 4:41 PM, Unquestionably Confused wrote:
> On 2/4/2013 3:32 PM, Irwell wrote:
>> On Mon, 04 Feb 2013 08:28:16 -0600, Unquestionably Confused wrote:
>>
>>> Huh? Read those two disclaimers again. Bottom line is that they aren't
>>> even close. Walmart's allows them to use the photos for any damn thing
>>> they want. A magazine, models, whatever.
>>>
>>> Costco, OTOH, is seems to be covering their bets in case something leaks
>>> but otherwise you OWN the images and they won't use them for anything
>>> other than what you've specified. Looks like they want to be able to
>>> send them out (to subcontractors) if needed.
>>>
>>> To me, they don't appear to even be close as to what rights are gained
>>> by the vendor (Walmart/Costco) and what is lost by you.

>>
>> Good legalese on their part.
>> Covers any disgruntled employee actions
>> like internetting customer photos.
>>

>
> Difficult to blame either one of them. We have this attitude in this
> country that everyone IS or WANTS TO BE a victim and be compensated for it.
>
> I can envision (sans the disclaimer) a picture of somebody's beautiful
> baby getting leaked for whatever reason with the ALMOST end result being
> that the advertising agency for Gerber Baby Food tracks the family down
> and offers a six figured contract to the parents for their kid to be the
> next "Gerber Baby."
>
> Then, while they're having their attorney draw review the contract
> either the attorney or they suggest going after WallyWorld or Costco for
> invading their precious privacy<g>
>
> I'm smiling, but you know it could happen or has happened in the past.
>
>

Oddly enough that disclaimer is for Canada. Mao-Mart, er Wal-mart USA
has a more subdued ToS.





--
This space intentionally left blank.

Mayayana 02-04-2013 11:10 PM

Re: Wal-Mart disclaimer WTF?
 
| > Good legalese on their part.
| > Covers any disgruntled employee actions
| > like internetting customer photos.
| >
|
| Difficult to blame either one of them. We have this attitude in this
| country that everyone IS or WANTS TO BE a victim and be compensated for
it.

Someone always says that when this topic comes up,
but if that's the case they don't need to claim full
co-copyright rights. They only need to disclaim
responsibility if the picture is lost or distributed. With
the text as written they have a right to use your family
photo in their store ads.... or sell it to others for any
purpose.

There's an interesting case of something like that here:

http://articles.orlandosentinel.com/...man-joel-glass

A woman went to a basketball game. The Orlando team used
her picture in ads. She's suing. But she may lose because the
ticket carries a disclaimer granting the team "the irrevocable
and unrestricted right and license" to use the holder's image
in "any medium or context" and specifically mentions promotional
purposes "without further authorization or compensation."

They're claiming they can use her as an unpaid model just
because they printed that on the back of the ticket. She never
signed any agreement. But according to a law professor that
disclaimer probably protects the team. The team is not actually
claiming a right to her own photos, but they are claiming a
right to any image of her.



Irwell 02-05-2013 12:03 AM

Re: Wal-Mart disclaimer WTF?
 
On Mon, 4 Feb 2013 18:10:24 -0500, Mayayana wrote:

>|> Good legalese on their part.
>|> Covers any disgruntled employee actions
>|> like internetting customer photos.
>|>
>|
>| Difficult to blame either one of them. We have this attitude in this
>| country that everyone IS or WANTS TO BE a victim and be compensated for
> it.
>
> Someone always says that when this topic comes up,
> but if that's the case they don't need to claim full
> co-copyright rights. They only need to disclaim
> responsibility if the picture is lost or distributed. With
> the text as written they have a right to use your family
> photo in their store ads.... or sell it to others for any
> purpose.
>
> There's an interesting case of something like that here:
>
> http://articles.orlandosentinel.com/...man-joel-glass
>
> A woman went to a basketball game. The Orlando team used
> her picture in ads. She's suing. But she may lose because the
> ticket carries a disclaimer granting the team "the irrevocable
> and unrestricted right and license" to use the holder's image
> in "any medium or context" and specifically mentions promotional
> purposes "without further authorization or compensation."
>
> They're claiming they can use her as an unpaid model just
> because they printed that on the back of the ticket. She never
> signed any agreement. But according to a law professor that
> disclaimer probably protects the team. The team is not actually
> claiming a right to her own photos, but they are claiming a
> right to any image of her.


Probably because there are photos of games with thousands of spectators
images.

Rob 02-05-2013 12:48 AM

Re: Wal-Mart disclaimer WTF?
 
On 5/02/2013 11:03 AM, Irwell wrote:
> On Mon, 4 Feb 2013 18:10:24 -0500, Mayayana wrote:
>
>> |> Good legalese on their part.
>> |> Covers any disgruntled employee actions
>> |> like internetting customer photos.
>> |>
>> |
>> | Difficult to blame either one of them. We have this attitude in this
>> | country that everyone IS or WANTS TO BE a victim and be compensated for
>> it.
>>
>> Someone always says that when this topic comes up,
>> but if that's the case they don't need to claim full
>> co-copyright rights. They only need to disclaim
>> responsibility if the picture is lost or distributed. With
>> the text as written they have a right to use your family
>> photo in their store ads.... or sell it to others for any
>> purpose.
>>
>> There's an interesting case of something like that here:
>>
>> http://articles.orlandosentinel.com/...man-joel-glass
>>
>> A woman went to a basketball game. The Orlando team used
>> her picture in ads. She's suing. But she may lose because the
>> ticket carries a disclaimer granting the team "the irrevocable
>> and unrestricted right and license" to use the holder's image
>> in "any medium or context" and specifically mentions promotional
>> purposes "without further authorization or compensation."
>>
>> They're claiming they can use her as an unpaid model just
>> because they printed that on the back of the ticket. She never
>> signed any agreement. But according to a law professor that
>> disclaimer probably protects the team. The team is not actually
>> claiming a right to her own photos, but they are claiming a
>> right to any image of her.

>
> Probably because there are photos of games with thousands of spectators
> images.
>


Firstly if the image of her is more that ?? % of the image or aa
feature, they need a model release.

Crowds in that sense don't occupy very much per individual and don't
require a release.

You can't just go to a public place and take close ups of people without
their consent and end up using them for what ever.


All times are GMT. The time now is 06:49 AM.

Powered by vBulletin®. Copyright ©2000 - 2014, vBulletin Solutions, Inc.
SEO by vBSEO ©2010, Crawlability, Inc.