resolved Terms of Use - A bit over the top?

[bigtez]

After reading that AFO no longer allows the use of external picture hosts (understandable though), I had a reread of the sites terms and conditions and came across this:

Copyright is transferred to AFO of material submitted onto the AFO website and you grant AFO a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

According to the first sentence, once posting a photo on AFO, you (the poster and photographer) can no longer use the photo without first requesting permission from AFO. That is to say you cannot print the photo, post it on another website or publish it in any way without the consent of AFO. While I don't think this is intentional, it is a loophole that will need to be sorted or reworded.

[Angus]

Fair point Terry and we will look at it.

Obviously the clause is to allow AFO use of the images (front page articles etc) not to restrict the takers use. As can be clearly seen through past actions we do not and have no intention of preventing people using their images on other mediums. When we had our legal aide draft the afore mentioned, I am sure they (as would be standard practice) adapted existing clauses to suit our needs as they see it, or more to the point keep AFO liability free if images are used for our articles.

Cheers mate.

Angus

[bigtez]

Thats what I suspected.

[youngy]

Hi Angus, this would be standard practice wouldn't it, if you submit a photo to a magazine it is theirs and if you put a photo on a website it becomes their property.

Most people will take a couple of photos in different poses, using the different images for whatever submissions you wish to make, nothing worse than seeing a photo in a Mag that you have paid for then finding it's the same photo you have already seen for free on the net. cheers wayne

[hulk]

Youngy,

Good to see a fish other than a whiting in your grips.Nice sized flattie too.Well done

[youngy]

Thanks Hulk, i do catch a lot of other species but for some strange reason everybody does seem to associate me with whiting, cheers wayne