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Old 02-15-2008, 06:32 PM   #1
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Default Airliners.net New Terms of Service

Wasn't sure where to put this, so I'll try right here...

Is anyone else following this thread and what it means to those of us out there that are aviation photographers??

New Terms - What It Means For Photographers — Aviation Photography Forum | Airliners.net

I would like to initiate serious discussion as to what this all means. Any of you out there who host pictures on Airliners.net I would be interested to hear your opinions...

Thx,

Z
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Old 02-15-2008, 06:45 PM   #2
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Default Re: Airliners.net New Terms of Service

Hey Zach, is it free to be a member of and/or submit photos to airliners.net?
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Old 02-15-2008, 07:26 PM   #3
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Default Re: Airliners.net New Terms of Service

Quote:
Originally Posted by N. Eberhard View Post
Hey Zach, is it free to be a member of and/or submit photos to airliners.net?
As far as I know it is. I post my pictures on Jetphotos.net, but I'm just a little confused about how Airliners.net's new policies are going to play out and what that means for individual photographers there. Just didn't know if people here were posting photos there and whether or not they knew about it.

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Old 02-15-2008, 08:38 PM   #4
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Default Re: Airliners.net New Terms of Service

Fascinating, a magnificent ambit claim by the owners of Airliners.net on the IP of the photographers who helped make the site the success it is today.

Basically taking the photographers hard work, claiming ownership of it and then selling it to third parties for commercial use in the face of the desires of the IP holder, and with no recompense to the photographer.

I have some questions regarding the legal ramifications of this claim, particularly how it relates to the legal standing of copywrite in the EU (where I believe the servers are still hosted), Sweden (as that was the jusrisdiction where the original terms of agreement that posters agreed to were promulgated), and a number of international copywrite agreements.

If the new owners are located in the US (which I think they are) then they will run up against a number of copywrite issues there as well.

Then there are the copywrite laws pertaining to the IP of photographers in different legal jurisdictions, for example Australia, Japan or the UK, which tend to fall on the side of the IP holder.

A real issue is that A.net holds a large number of images from the work of deceased photographers, who naturally are in no position to 'opt out' of the new terms of use, thus in effect their IP now resides with the owners of A.net, unless their estates are notified about the changes.

I have to say, it would be hard for anyone to invent a quicker way of destroying a site like A.net than this piece of considered stupidity.

Apparently A.net have said they are reviewing it and it may not apply to EXISTING photographs, but by inference all new images / photographers will be bound by the terms of agreement.

A very unsavoury situation.

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Last edited by Unicorn; 02-15-2008 at 08:43 PM.
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Old 02-15-2008, 09:46 PM   #5
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Default Re: Airliners.net New Terms of Service

There has been extensive discussions about this at other aviation websites.

Such as JP.NET

JetPhotos.Net Forums - The Friendly Way to Fly - Got Photos on Airliners.net? READ THIS!
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Old 02-15-2008, 10:12 PM   #6
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Default Re: Airliners.net New Terms of Service

I guess JetPhotos is going to have a sudden increase in popularity!
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Old 02-15-2008, 10:19 PM   #7
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Thumbs up Re: Airliners.net New Terms of Service

Quote:
Originally Posted by sammyk View Post
I guess JetPhotos is going to have a sudden increase in popularity!
The editor/owner of Jetphotos.net has been quick to reassure us about the new agreements at the other side.

I'm pretty much sure that it will be have new photogs register at jetphotos.net at the upcoming time. Unless Anet changes their terms.

Check Anet. There's also a thread up there.

Here's a copy of what I've got in my email from jetphotos.

Quote:
Originally Posted by CK
Dear JetPhotos.Net contributing photographers:

In light of some recent developments in the aviation photography community, I felt that I needed to personally write all of you to reaffirm our commitment to protecting your rights as a photographer and copyright holder.

Firstly, while the scope of our usage license was always implied, we have added some specific text to our Photo Usage Terms, which you can see here:

http://www.jetphotos.net/photousage/

This additional text serves one purpose -- to put in writing the policy we've always had regarding use of your photos. In layman's terms, this policy states, uncategorically, that we assume no ownership rights of the photos you upload to JetPhotos.Net, that we will never use your photos for any purpose other than displaying them on the JetPhotos.Net website, and that if, in the future, you decide you no longer want to display your photos on the site, we will remove them from our database, no questions asked. Your photos belong to you, and how you want them to be used is your decision, not ours.

If you feel that we can change any aspect of our Photo Usage Policy to further benefit you, the photographer, please let me know personally by replying to this e-mail. I'd be very interested in hearing from you!

I hope this e-mail has reasserted our commitment to protecting your rights as individual photographers, and indeed the rights of the entire community. From myself, and the entire team at JetPhotos.Net, thank you for allowing us to display your images, and we look forward to serving you in the future.

Kind regards,

Chris Kilroy
Editor, JetPhotos.Net
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Old 02-15-2008, 10:22 PM   #8
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Default Re: Airliners.net New Terms of Service

First of all, anyone who would agree to this is an idiot.

Secondly, ANet is in no position to be telling the hundreds of photographers how things are gonna go down.

Teach them a lesson and pull your photos - they dont have any leverage.

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Old 02-17-2008, 09:59 AM   #9
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Default Re: Airliners.net New Terms of Service

Its pretty amazing if you make your way on to A.net's discussion boards. The users are rioting. Aviation Forum: Site Related Forum | Airliners.net
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Old 02-17-2008, 10:35 AM   #10
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Quote:
Originally Posted by Unicorn View Post
I have some questions regarding the legal ramifications of this claim, particularly how it relates to the legal standing of copywrite in the EU (where I believe the servers are still hosted)...
There was a discussion or a note on a.net itself (within the year) and if I remember correctly, their servers are located in California.

While there are many great aviation threads being discussed there and having witnessed countless of A vs. B wars, IMO a.net is just not what it used to be.
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Old 02-17-2008, 12:56 PM   #11
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Default Re: Airliners.net New Terms of Service

silly anet. your downfall is coming along with your pride....just like with all the recent protests on ebay. you get big, you get greedy, and you go down.
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Old 02-20-2008, 01:59 AM   #12
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Default Re: Airliners.net New Terms of Service

Quote:
Originally Posted by Steven De Lisser View Post
First of all, anyone who would agree to this is an idiot.

Secondly, ANet is in no position to be telling the hundreds of photographers how things are gonna go down.

Teach them a lesson and pull your photos - they dont have any leverage.

Steven De Lisser
...

I'm not a big fan/user of A.net other than an occasional browse for certain aircraft/liveries, but I'll "chime in" and offer my two cents worth here.

Since the takeover by Demand Media, like most acquisitions, they go through a 'peaceful' status quo transition phase where nothing changes - and the new owners always go out of their way to emphasize that fact.

In the second phase, this is where things get interesting, or in layman's terms, get UGLY.

Things are going to get UGLIER because their new "terms/conditions" makes NO SENSE to any/all of their photographers who have dedicated themselves to this hobby of aviation photography. They all take pride and joy in their efforts, and the results speak for themselves. They have made A.net what it is, and without their enthusiastic participation, it would NOT be the leading aviation photography website on the face of this planet.

Having said that (how I loathe that phrase - but I thought it would be appropriate here), the new terms/conditions was written by a hired gun (attorney) with absolutely ZERO interest in the website, and was merely requested to fulfill his obligation to generate a completely ONE-sided legal agreement which basically, if I'm understanding it correctly, SCREWS all the photographers from any possible royalties from Demand Media's future use of their work.

Clearly, what Demand is demanding, is to sell the database to outside concerns, and profiting handsomely from the exchange. This has probably been their plan from Day One of the acquisition from Johan. They paid him a pretty penny, and now they are implementing the business plan to recoup their investment. Selling a MASSIVE quality database is probably worth hundreds of thousands of dollars, if not MORE. Let's just say that at a mere one dollar ($1) per photo ... well ... YOU do the math!!!

I think what Demand is doing is ALL wrong.

But it's business - however unfair it is to the talented photographers it is.

And like what Kaitanium said earlier, it's no different than what ebay has been doing to their populace for a long time.

A.net sans Johan Lundgren is following a very similar flight plan ... so brace yourselves for a rough landing!!!

Last edited by MarinerOne; 02-20-2008 at 02:06 AM.
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Old 02-20-2008, 09:42 AM   #13
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Quote:
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... so brace yourselves for a rough landing!!!
Sounds more to me like a crash landing!!!
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