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The Oz Garden Gallery

check out new terms of service before you post pics

20 years ago

As apparently all pictures posted now become the property of iVillage. This is my understanding from reading posts

on the USA side. The new Terms of Service are at the top of the page so please read them before you post . esp 7)

FYI

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Comments (8)

alisonoz_gw
20 years ago
YQ, I believe there is basically no change in the "new terms" as now appear on our forum, than those that have already existed for years. At least so far as theh conditions of posting pictores or information ( -I haven't yet ploughed through the rest of the guff !!)
It's just a bit longer and more "up front" (- but then the electronic world keeps gets getting more complicated and people keep trying to get one step ahead of the legal ramifications, and people claim they haven't read the "fine print".
To put minds at rest (I hope, but please feel free to raise this with the site-owners for confirmation) this matter was discussed with the then-owner and webmaster, Spike, some years back.
At that time, it was a hazy legal area, that , by GW posting your photos on its web-site without your written approval, that act might itself constitute a breach of copyright - YOUR copyright.
So the user rules were brought in to make it easier. Everyone is assumed to give GW permission to publish what they post, they also, in posting, assure they are the legal owner of the material.
The second intention, as I understand it, is to help protect YOUR ownership of your pictures, by GW "assuming" ownership for so long as your picture appears on the web-site or through cached internet searches. This operates as a "back-off warning " to people who might try to lift & copy images from GW and claim as their own.
I believe there is no suggestion I-Village wants to make a coffee-table book out of the pictures or information its members post. the worst might be to have your picture glorified in the archives or reference material, but I believe it goes no further than GW.
If copyright is really a problem for anyone, then simply do not post your pictures ANYWHERE on the internet, if you intend to use them commercially somewhere else. However I do not believe there is any intention on the site owner's part that by posting pictures, the creator "loses" his or her unique ownership of the material.

Alison (who apologises that the ramble is almost as long as the rules !!)
Kiwi_oz
20 years ago
Alison, thanks for you explanation, I do understand it better than theirs
Heather
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Hi all, I posted this on the African violet forum today. I decided post it here too. ---------------------------------------------------------------------- Because I have been hearing conflicting opinions of what iVillage claims to have proprietary rights over I decided to look over the document a little closer. I should have done this sooner before posting an opinion. I'm no lawyer, so don't consider my interpretation of the copyright statement to be the final word. When looking at 7. Rights of Content paragraph 2, I also see no reference to iVillage laying claim to the link to any picture. And, that makes sense. If one posts a picture, it becomes a physical part of the forum. A link to it picture would not be a part of the forum and could be in some ways construed as a footnote or reference. It is sort of the same if I were to post a picture belonging to someone else, without their permission, I would be in violation of copyright laws. However, if I post a URL, where this picture resides, I have not violated copyright laws, because I have shown the owner of the picture. Another concern that people have had, in this same paragraph, is of iVillage having proprietary rights of the content of one's personal web page. People are concerned that if one were to link to his or her web page or web site that iVillage would lay claim to that also. After looking at the wording it seems to me that one's personal web site is really our member page. I came to that conclusion because in the first line it does say, ' By submitting content, which shall include your member name, to any "public area" of the Garden Web network, including, but not limited to, the forums and your personal web site, exchange page or journal...'. The use of the term web site for our member page is very confusing. Nowhere else on Garden Web is our member page referred to as our web site. I think it's OK for iVillage to have a legal document that spells things out in legalese. But I think that it would be a good idea if there was a place where this was spelled out in layman's terms. I really don't understand why iVillage doesn't respond to some of the threads in the suggestions and comments forum. When these interpretations and rumors start it is best to address the problems immediately so that people don't get upset and spend considerable time dwelling on them. There are people who have decided to leave G. W. because of what may be false interpretations on their part. I don't know. I like Garden Web a lot. I think it's one of the best message boards out there and I want to continue to be a part of it. Larry
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User
20 years ago
Me too, Mind Boggling but so much clearer Thanks Alison...MM.
youngquinn_gw
Original Author
20 years ago
Im no lawyer but it sounds alot more sinister than that to me

"By submitting content, which shall include your member name, to any "public area" of the GardenWeb Network, including, but not limited to, the forums and your personal website, exchange page and journal, you grant iVillage a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense, assign, derive revenue or other remuneration from..."
Get Real!! Everyone should go right

here it is so people can make their own minds up
ginnybee
20 years ago
Thankyou Alison you made easy unerstanding of a lot of legal paper work, at the end of the day I think if someone takes a pic. off the garden web & uses it else where it is a compliment on your ability to do a good pic. after all it is our privilage to be able to share our garden pics. with others, & if you don't want to take this risk then you just don't post any more
Jan.
Jamus_S
20 years ago
It's very difficult to enforce these rules anyway. I'm perfectly happy for people to take my photos and use them as they wish. In fact I suspect most people would be flattered if someone used your picture as an example of something you've photographed. I know I would. If I really didn't want a photograph to be taken and used by someone else I wouldn't post it online.
ashmeri
20 years ago
I seem to remember something I read from the days when I joined, in Spike's day, with much the same only not as Lawyerish [?) maybe.
I hope everyone still posts pictures, maybe not the ones they want to publish but just general garden and flower pictures.
This is by far the easiest Forum to navigate round and there is such a variety of subjects it would be a sad day to loose it.

I would mainly worry if there were pictures of children or people.
Marion
User
20 years ago
Youngquinn,

I can understand your concerns, but I wouldn't regard it as 'sinister' when they come right out and state it like that. Just don't post anything that matters to you on a personal or business level. I tend to agree with those who say they would be somewhat flattered if a photo of their's was used by someone.

I appreciate that you have shared your concerns with us though.

Cheers,
Dee.

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