They've worded it in such a way that it gives them far more rights than mere marketing use. I would request a separate agreement if I was determined to use their service. I woulld extend rights for marketing of their service but exclude any other commercial use. On the other hand if the material I wanted to print seemed to have little commercial value, I might just go ahead and do it, but I'd probably still attach a note in regard to my retaining all copyrights on the material. Paul -------------- Original message ---------------------- From: Doug Franklin <[EMAIL PROTECTED]> > Howdy, folks, > > We've had several discussions over the years about the terms of use of > various web sites and services. Well, I've been planning to put > together a very short run of a small photo book from my recent trip to > Bulgaria. I only plan a run of maybe 30 because they're for gifts to > people over there and family here. So I've been looking at self > publishing web sites like Lulu and Blurb and such. > > A friend of mine recently got involved with a multi-level marketing > company called Creative Memories. Their focus is more on "electronic > scrapbooking", but they have a service that would be appropriate for , I > what I'm doing. It's a little pricey, but I considered doing it through > them to help her out. > > Being a bit sensitive to intellectual property issues, I read the Terms > of Use (ToU). It contains the following section: > > Idea submission statement > > Any ideas, proposals, and/or other information submitted or > collected on this site shall be considered non-confidential. By > submitting information to this site, or directly to Creative > Memories, you agree that Creative Memories shall not be under any > obligation of confidentiality or non-use, express or implied, > with respect to any submissions, and Creative Memories may > disclose or use any submission for any purpose whatsoever, at its > sole discretion, with no obligation, express or implied, to > compensate or work with the person or entity that supplied the > information, idea and/or proposal in any manner. > > Now, that's a pretty far reaching claim. Here it is again, elided to > focus on what I have a problem with. > > ... By submitting information to this site ... you agree that > ... and Creative Memories may ... use any submission for any > purpose whatsoever ... with no obligation ... to compensate or > work with the person or entity that supplied [it] ... > > I've contacted them officially asking them just exactly what they > intended to say here, in case it's less than the "your stuff is ours if > you pay us to print it" interpretation I give it. No answer. I've also > contacted them unofficially through the member/dealer network. The > answer from that side is that it's so they can use excerpts of your > stuff in their marketing material without having to find you, work with > you, or pay you, though it wasn't phrased quite that way. > > Personally, I find this clause and the unofficial attitude quite > disturbing. Am I overreacting? > > -- > Thanks, > DougF (KG4LMZ) > > -- > PDML Pentax-Discuss Mail List > [email protected] > http://pdml.net/mailman/listinfo/pdml_pdml.net > to UNSUBSCRIBE from the PDML, please visit the link directly above and follow > the directions.
-- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
