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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 22 Dec 2009 (Tuesday) 18:06
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Schmap?

 
unmanedpilot
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Dec 22, 2009 18:06 |  #1

Anyone ever heard of them?

I just got a message on Flickr saying "Your photo(s) shown below have been short-listed for inclusion in the tenth edition of our Schmap Phoenix Guide (external link), to be published late January 2010."

The photo they want: http://farm3.static.fl​ickr.com …52368358_06c61d​0e81_b.jpg (external link)

I've never heard of them but it seems that its a free tour guide for visiting cities. It includes photos of locations and gives tips on places to go.

So for the short-list, whatever that is, theres no pay, you keep the rights to the photo, and they will put a link to your Flickr next to it giving you full credit. None the less, I think I will be pulling my photo from this, since theres no pay, and its not even one of my better photos. I'm just curious to see if anyones heard of it.


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Nmura
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Dec 22, 2009 18:49 |  #2

I was contacted, shortlisted, and choosen. Seems they search the flicker sites looking for photos for their tourist guide website. I agreed to their no pay since I'm a hobbist. My picture was one of several that appeared under Honolulu Hale. Click on the picture and it takes you to your flicker page, thats about the only credit you get.

http://www.schmap.com …c/p=120730/i=12​0730_3.jpg (external link)


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unmanedpilot
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Dec 22, 2009 20:06 as a reply to  @ Nmura's post |  #3

I am also just in this for fun, never make any money off it so that wasn't a problem. I just didn't like the photo they chose :cool:

Seems like a fairly good idea for a website though. May have to check it out next time I travel somewhere.


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PMCphotography
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Dec 22, 2009 21:31 |  #4

Yeah, I had a bunch of pictures in the 2008 and 2009 edition.

Even they don't pay, it's pretty harmless. I don't have a flickr anymore, so they wont be contacting me again, but if they did i'd probably let them use a few.


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jeyaganesh
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Dec 23, 2009 05:32 as a reply to  @ PMCphotography's post |  #5

Yes, they have contacted me last year to have my photo in their map. Now my photo is on their map.:D


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Nistelrooydude
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Dec 24, 2009 09:57 as a reply to  @ jeyaganesh's post |  #6

I got picked for their Kauai map last year, and like you, I don't like the picture they chose. It's a harmless program though.




  
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jeyaganesh
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Dec 24, 2009 10:05 |  #7

I was once contacted by a lady over Flickr mail. She introduced herself as from a building decoration company from Hong Kong. She requested my permission to use my pictures in their up coming book related to building. Actually I doesnt have such pictures for their building category. So I didnt reply her.

I also got a spam comment on one of my pictures with a sexy girl's buddy icon. I went to her page and nothing was there. Then I deleted that comment and blocked her id. :)


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Dennis_Hammer
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Dec 24, 2009 10:38 as a reply to  @ jeyaganesh's post |  #8

Here's something to think about if you ever decide to go pro. Places like this take advantage of talented ameteurs instead paying for what they use. Do you think the designer who puts the site or guide together does it for credit or their advertisers get free ads. They are making money by using your photos. I am sure the people who write up the guides get paid. Credit is nice but it's hard to chew at dinner time. Just something to think about, more people giving away images = less people ever willing to buy them.




  
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ppusa
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Dec 27, 2009 15:17 as a reply to  @ Dennis_Hammer's post |  #9

They also asked me to include a photo from Helsinki in their service and I declined.

Are you really willing to accept terms & conditions written by their lawyers for zero dollars? For zero dollars you take the risk that you yourself end up paying a large sum of money - or go to court far away from your home - if there is an intellectual property rights issue. How well do you know the intellectual property laws of your country, the subject's country, Schmap's country and Schmap's users' countries? The risk might be very small but is it worth taking for zero dollars?

In my case they requested a photo of one of the most well-known statue in Helsinki and in Finland we have a law about compensations to the original artist when photos of public artworks are used commercially. Does the law apply in this case (Schmap is not Finnish service but can be accessed from Finland, the statue is >100 years old, ...)? I'm not going to find out or take any risks for zero dollars.

Additionally I'm not going to give my photos for free for commercial purposes especially when professional photographers can provide similar (and better) photos.

Asking photos from Flickr members is also a clever way of marketing their service. Now many photographers and their friends will visit the service they have never heard of. This is not the first thread about them in discussion forums and blogs. I wouldn't be surprised if marketing is their primary reason for asking the photos.


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PMCphotography
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Dec 27, 2009 17:14 |  #10

Dennis_Hammer wrote in post #9257142 (external link)
Here's something to think about if you ever decide to go pro. Places like this take advantage of talented ameteurs instead paying for what they use. Do you think the designer who puts the site or guide together does it for credit or their advertisers get free ads. They are making money by using your photos. I am sure the people who write up the guides get paid. Credit is nice but it's hard to chew at dinner time. Just something to think about, more people giving away images = less people ever willing to buy them.

I am a pro. And really, using a snapshot of mine in an online directory isn't a huge deal. I think people get waaaaay to precious about their images sometimes. The Schmap people could very easily just use your image and not ask (yes i know, it would be copyright infringement, but how likely is it that anyone would look at the schmap? most of us have never heard of it until they contacted us.)

And if you're really that protective of tourists seeing your images, you retain the option to say no.

If you don't want to take the chance of people stealing your images, don't post them to Flickr.


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nprdavid
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Jan 14, 2010 05:51 |  #11

Well, I too have been schmap'd

have to make the decision as to whether or not to let them use it.

I don't really know what I want to do with them. I will probably sit back for a while and think about it.


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philwillmedia
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Jan 14, 2010 06:14 |  #12

I was contacted by them a while ago and ened up having one used.
It's pretty harmless.
In hindsight, I probably shouldn't have let them use it, simply because there was no financial gain.
They gave me full image credit, so no probs there, but as has been pointed out you can't chew an image credit.
There was also no noticeable extra traffic to either my flickr site or my website.
If I was contacted by them again, would I allow them to use my image? Probably not, unless they came forward with some cash.


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nprdavid
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Jan 14, 2010 14:53 |  #13

these are the terms of use


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.


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unmanedpilot
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Jan 14, 2010 16:24 |  #14

Yea I read their terms of use and saw that as well. Basically its free use forever for them. If the image became popular for some reason and helps them make money, you would never see a penny.


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PMCphotography
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Jan 14, 2010 16:35 |  #15

unmanedpilot wrote in post #9394132 (external link)
Yea I read their terms of use and saw that as well. Basically its free use forever for them. If the image became popular for some reason and helps them make money, you would never see a penny.

But if it did become popular, you still own the copyright and could make your own fine art prints and sell them...


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