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11-20-2009, 11:30 AM   #16
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QuoteOriginally posted by Northern NJ Larry Quote
I'll second the use of Smugmug. I used Flickr previously, but found SM had SOOO many options that allowed me to customize my site and utilize PayPal directly from my galleries. Yes, the customizations take some work, but they have incredible forums at Digital Grin Photography Forum - Powered by vBulletin with most customizations available as copy/paste. In recent months, they've incorporated a GUI wizard to make many of the frequently used custimations as simple as point/click.

Burnie:
That side, I'd like to try the 000 site and wondered, are u using a website building application or a web application to create the site that you upload to 000?
Larry - let me venture a guess that you are a motorcycle enthusiast as well as a Pentaxian?!? Me too , but had to sell my KTM 950 ADV just a few months ago .

Same guy who runs Digital Grin "dgrin" also runs ADVrider.com, where "Baldy" sends lots of business SmugMug's way. Freakin outstanding site too if any of you non-moto-junkies are ever bored. Read through the ride reports for some very inspiring stories and adventure travel photography. ADVrider.com is what got me into photography in the first place!

11-21-2009, 02:07 AM   #17
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Please can someone tell me which of the sites being talked about in this thead
offer a european printing service?
While the interface looks and ease of use ect are obviously important as are the costs, it dont help if you cant order prints if you are out of the USA.
Alistair
11-22-2009, 04:02 AM   #18
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whats web hosting? whats the difference of 000webhost.com from flickr or photobucket?
11-22-2009, 06:39 AM   #19
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QuoteOriginally posted by rustynail925 Quote
whats web hosting? whats the difference of 000webhost.com from flickr or photobucket?
000webhost.com (or 1and1.com which I use) just gives you space on their web server. YOU need to put your HTML/PHP/whatever files on them. They just host whatever content you provide.

Flickr/Photobucket give you space to upload PHOTOS and they provide the webpages/infrastructure to share those photos.

03-03-2010, 06:44 PM   #20
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Here's a quick update on 000webhost.com. I'm now thinking I need to go with a paid service. I have a couple of video slideshows that I'm trying to host, but it seems as though the throughput from the servers isn't sufficient. Everyone that tries to view the videos has issues with the video freezing up. I've re-encoded the videos enough times that I've tried nearly every size/quality option. The videos work great locally, but not from the web.
03-08-2010, 05:53 AM   #21
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QuoteOriginally posted by code4code5 Quote
Here's a quick update on 000webhost.com. I'm now thinking I need to go with a paid service. I have a couple of video slideshows that I'm trying to host, but it seems as though the throughput from the servers isn't sufficient. Everyone that tries to view the videos has issues with the video freezing up. I've re-encoded the videos enough times that I've tried nearly every size/quality option. The videos work great locally, but not from the web.
I have a TON of Flash videos (some upwards of five minutes in length) that I stream from my 1and1.com website, and it seems to work fine for everyone that views them. They're not too expensive. Good luck!
06-07-2010, 05:22 AM   #22
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If u just want to have a portfolio with ur contact info and maybe a bio etc try this!
Portfolio - The Awesome Version Let ur Images do the talkin I say!
06-09-2010, 04:40 PM   #23
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QuoteOriginally posted by Simon23 Quote
It might be free but is it good?

You are giving away anything you let them host at their site.
From the terms of agreement
License To Use Artist Materials.

As and when Artist Materials are uploaded to the deviantART Site(s), Artist grants to deviantART a worldwide, royalty-free, non-exclusive license to do the following things during the Term:

a) to prepare and encode Artist Materials or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented;

b) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented ;

c) to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size) and use the Artist Materials as described in Section 3(b); and

d) the right to sublicense to any other person or company any of the licensed rights in the Artist Materials, or any part of them, subject to the terms and conditions of this Agreement.

e) Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated.

f) During the Term, deviantART's licenses under this Agreement include the right to use any part of the Artist Materials in the promotion, advertising or marketing of the DeviantART Sites.

g) As used in this Agreement, the term "Artist Materials" means any content uploaded to the deviantART Site(s) which may include without limitation Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all "skins," computer-generated images or other artwork or images that Artist submits to deviantART in any medium or format whatsoever.


06-09-2010, 10:09 PM   #24
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Of the things listed, the only thing that is not standard language and necessary in order to provide service at all is "f". Even that it is pretty common, though. In any case, it's not really accurate to say you're "giving away" your images. You are allowing them to be used in promotion for the site itself, although presumably one benefit of that could be more traffic to your own site. But indeed, something to think about.
06-10-2010, 03:58 AM   #25
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QuoteOriginally posted by Marc Sabatella Quote
Of the things listed, the only thing that is not standard language and necessary in order to provide service at all is "f".
Why is it necessary to "display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means" (b) or "modify, adapt, change" (beyond scaling) (c)?

Doesn't the agreement allow them to use your images for whatever they want? It appears that if they use them commercially then they will contact you about it, but if they chose to use one of your images for a charity organisation or just decide to give it away to some other organisation then they could do that under the terms of agreement, couldn't they?

I'd be happy to learn that I'm wrong but I had the impression I'm basically forced to give up ownership of my images if I decide to upload it to their site.
06-10-2010, 08:10 AM   #26
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QuoteOriginally posted by Class A Quote
Why is it necessary to "display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means"
Because after you upload your pictures, you want others to be able to *see* them, and that requires the site to do the above. Seriously, that's all this is. Without that language in the terms of service, they would be legally prevented from displaying your pictures for others to view - in other words, they would be unable to do the very thing you are paying them to do. This is simply the standard boilerplate language where you agree to allow them to do their job.

QuoteQuote:
(b) or "modify, adapt, change" (beyond scaling) (c)?
Not sure where you got the "beyond scaling". It's specifically the scaling they needed to add this provision in order to cover. Without it, they would be legally prevented from resizing your photo. Presumably that's all they'd do by default, but I'm guessing they either have or are considering adding facilities to allow you to crop or perform other editing operations online, and this would be the language necessary to give them permission to do so.

QuoteQuote:
Doesn't the agreement allow them to use your images for whatever they want?
The only thing I see them asking for permission to be able to do beyond what you are specifically *asking* them to do (ie, display your photos) is to be able to sue your images in their own promotional materials. I take this to mean that the main pages for the site itself will probably have a few samples of the work contained. So of the presumably millions of images they host, maybe a dozen or so might be used at any given time to dress up the main pages for the site. Practically everyone would probably prefer to be asked permission for specific images if/when they get selected, but to most it's also probably not a big deal to give blanket permission up front. It's not like they are going to go out of their way to pick your worst images to showcase, and like I said, it could end up being free publicity (if they include links back to your site).

Actually, I must amend that - I just noticed the clause where they mention including in compilations for publication. Not sure where they're going with that one. Could be interpreted to give them permission to sell a "Best of deviantART" book that includes your work. Now you're getting into territory where you'd probably prefer not only right of approval on individual images, but also might expect a royalty. So to the extent you think they might be in the business of producing such publications and might actually take advantage of your work in this way, and the free publicity would not be worth it to you, that would indeed be a cause for concern. But it's still not the same as giving up all rights to your image, or allowing them to do anything they like. Copyright law gives you a number of rights that are enumerated within the text of the law, and deviantART seems to be fairly carefully asking you to assign them the specific rights necessary for them to do their job (plus just a couple of others), but you'd still retain all the other rights granted to you by copyright law.

QuoteQuote:
It appears that if they use them commercially then they will contact you about it, but if they chose to use one of your images for a charity organisation or just decide to give it away to some other organisation then they could do that under the terms of agreement, couldn't they?
Under which clause? I don't see anything remotely like that in the posted excerpt. As I said, beyond the advertising clause - which is itself also pretty common - and the publication clause, all I see is them asking permission to do their job, or to assign a contractor to do part of their job for them. You'll find virtually identical language in the terms of any other photo hosting service, because without it, they'd all be in violation of copyright law every time they allowed a user to view one of your images.

Last edited by Marc Sabatella; 06-10-2010 at 08:19 AM.
06-10-2010, 03:57 PM   #27
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QuoteOriginally posted by Marc Sabatella Quote
Without that language in the terms of service, they would be legally prevented from displaying your pictures for others to view - in other words, they would be unable to do the very thing you are paying them to do.
I see your point, but it seems that you are granting them more rights than they strictly need. Let's say displaying the images for others to see is a form of "broadcasting". Why do they also need to claim the right for "re-broadcasting"?

QuoteOriginally posted by Marc Sabatella Quote
Not sure where you got the "beyond scaling".
I've added "beyond scaling" because I realise that this is something they have to do. Yet, the claim the right to much more general image changes. Why?

If there are further facilities for me to use, e.g., for cropping, then I'd be changing the image not them.

QuoteOriginally posted by Marc Sabatella Quote
Could be interpreted to give them permission to sell a "Best of deviantART" book that includes your work.
That's the sort of thing their very general claims for rights seem to allow and I was suspicious about.

QuoteOriginally posted by Marc Sabatella Quote
Under which clause?
b) and d), no?

Only if there is a commercial aspect they do need to ask for your permission. If they give away your images for free no such permission is required and giving them away seems to be allowed by b) and d).

I very much appreciate your input Marc and am more convinced than before that their rules are in line what other similar sites specify, but I'm still not a 100% sure what their rights will allow them to do and whether it would be smart idea to grant them the rights.

Flickr never asked me to agree to any of such transfer of rights. I'm aware that posting images on flickr entails that they might be stolen by others but I never had to officially transfer part of my rights to anyone.
06-11-2010, 09:14 AM   #28
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QuoteOriginally posted by Class A Quote
I see your point, but it seems that you are granting them more rights than they strictly need. Let's say displaying the images for others to see is a form of "broadcasting". Why do they also need to claim the right for "re-broadcasting"?
Do you want the image to be viewable more than once?

I should clarify I am not a lawyer, but I am someone who has studied copyright law on my own as a musician, music publisher, record producer, software producer, and licensor of photographs fairly thoroughly, and have participated in more than my share of legal contracts involving copyright. So I've read several books on the subject, have read most of the text of the US law itself (at least, as it stood before all the digital stuff thrown relatively recently). So while I wouldn't take my word as gospel here, I really do have a fair amount of insight into the basic practices.

As I said, these are kind of boilerplate terms, used to help make more specific the rather broader phrases used to describe the actual relevant rights enumerated in law. In the US, the two relevant rights are:

"to reproduce the copyrighted work in copies or phonorecords"

and

"in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly"

The basic text of copyright law predates the Internet - indeed, it predates both TV and commercial radio - so little of the language of the basic law is Internet specific. So contracts often have to be worded in ways that satisfy a law written in a different age.

BTW, language having to do with "rebroadcast" rights has come up with regard to cable and satellite "rebroadcasting" network of local TV shows, and as you may know, for a long time satellite systems couldn't get legally offer this programming. Without getting into exactly what the distinctions and issues, it's just standard practice for people writing up a contract like this to see that someone was once prevented from "rebroadcasting" something they thought they should be able to, and therefore to want to explicitly claim that right just to avoid future hassles.

QuoteQuote:
I've added "beyond scaling" because I realise that this is something they have to do. Yet, the claim the right to much more general image changes. Why?
Generally, for the same reason they included language that says "by any means now known or not yet known or invented". They don't want to have to rewrite the contract and get people to sign off on it anew every time some new technology comes along. Right now, scaling might be the only thing they do. What if they wish to provide an option to sharpen during the rescaling? What if they wish to provide an option to allow you to convert to B&W on upload?

QuoteQuote:
If there are further facilities for me to use, e.g., for cropping, then I'd be changing the image not them.
You'd be operating the controls, but the work is done by their software on their machines, and for that, they need permission - or at least, they want to avoid any possibility of this becoming an issue.

QuoteQuote:
b) and d), no?
Well, it certainly says they can sub-contract out to others to do the same things they themselves can do, but actually, the scope of what they themselves can do is fairly limited here.

QuoteQuote:
If they give away your images for free no such permission is required and giving them away seems to be allowed by b) and d).
What do you mean by "give away your images for free"? That's exactly what you are *asking* them to do when you upload your images - you want people visiting the site to be able to view your images, and those visitors are not expected to pay anyone for that privilege. In that sense, of course you are giving away your images for free - that's the whole point of *any* photo sharing site.

QuoteQuote:
I very much appreciate your input Marc and am more convinced than before that their rules are in line what other similar sites specify, but I'm still not a 100% sure what their rights will allow them to do and whether it would be smart idea to grant them the rights.
You are no doubt correct that the language potentially allows them to do a bit more than necessary. Whether you or not you are worried they actually *would* is another matter. The mere fact that the language is slightly broader than necessary shouldn't be construed as an indication they actually *intend* to do anything more - as I said, it's kind of standard practice to prevent contracts from needing to be written every time technologies change or they decide to expand their level of of service.

The broad language here gives them a more solid leg to stand on should they wish to expand their service later and you sue them over that, saying that you never agreed to, for example, allow your pictures to displayed on the newfangled FLUZBOM 3-D system, or to be made part of the Omniverse-Wide-Web that will supplant the current World Wide Web. Unless it seemed they were being deliberately criminal in their intent, the court would probably side with them, and rightly so, I'd think.

QuoteQuote:
Flickr never asked me to agree to any of such transfer of rights.
??? Their terms of service contains very similar language. If it didn't, they wouldn't legally be able to offer the service they do.

Their language does indeed *appear* a little narrower in scope, but not necessarily in any legally-binding way. In particular, I have no doubt that the phrase "solely for the purpose for which such Content was submitted or made available" would not limit their actions at all, as the purpose is not clearly defined in the terms. There might be disagreement between what you assumed the purpose to be and what Yahoo wants to construe the purpose as being, but again, barring any obvious intent for wrongdoing on Yahoo's part, it seems very likely to court would side with them if it ever came down to that.

Here is part of what you agreed to:

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE YAHOO! SERVICES

Yahoo! does not claim ownership of Content you submit or make available for inclusion on the Yahoo! Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services, you grant Yahoo! the following worldwide, royalty-free and non-exclusive license(s), as applicable:

1.

With respect to Content you submit or make available for inclusion on publicly accessible areas of Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo! Services solely for the purposes of providing and promoting the specific Yahoo! Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Yahoo! Services and will terminate at the time you remove or Yahoo! removes such Content from the Yahoo! Services.
2.

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services other than Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo! Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Yahoo! Services and will terminate at the time you remove or Yahoo! removes such Content from the Yahoo! Services.
3.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services other than Yahoo! Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

Last edited by Marc Sabatella; 06-11-2010 at 09:20 AM.
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