Requesting photobloggers experiences with Schmap

Update 2007.12.10: I gave them permission to use the photo - a view of Governor's Island from Red Hook - and they included it.

I got an email this evening notifying me that one of my Flickr photos has been short-listed for inclusion in a Schmap guide. I've never heard of them before this, and just want to know if anyone has any experiences with them as a content contributor. Please share publicly in the comments or email me privately at [xrisfg at gmail dot com].

Schmap is advertising-driven. My photos are licensed Creative Commons for Attributed, Non-Commercial, Non-Derivative works, so they're asking me for my permission for them to use my photo:
While we offer no payment for publication, many photographers are pleased to submit their photos, as Schmap Guides give their work recognition and wide exposure, and are free of charge to readers. Photos are published at a maximum width of 150 pixels, are clearly attributed, and link to high-resolution originals at Flickr.

The creative commons license that you've assigned your photo(s) provides for non-commercial use. Our Schmap Guides, though free to readers, are ad supported: if you would like your short-listed photo(s) to continue to our ... final selection phase, please therefore read our 'Terms of Submission' and press the 'Submit' button, no later than our editorial submission deadline – Sunday, December 2.
Here are their Terms of Submission to which they're asking me to agree:
The term "Photos" refers to one or more photographs and/or images licensed by You to Schmap pursuant to the Terms.

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.

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.

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 the Photos are licensable to others under the Creative Commons license that you have assigned to the Photos prior to Schmap's initial short-listing of your Photos, and provide a link to this license, where reasonably practical.

(f) Schmap shall continue to make its destination/local guides available at no cost to end users.

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.

Schmap shall have no obligation whatsoever to reproduce, distribute, broadcast, or otherwise make use of the Photos licensed by You to Schmap hereunder.

While the Flickr website and/or Flickr API have been used to short-list your Photos, Schmap claims no affiliation or partnership with Flickr.

[Lots of legalese ...] 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.


A Kinloch said...

I think it's just another business model to make revenue from freely donated photography. But any site that displays those google adds on the right hand side cannot be considered a 'non-profit' so could be argued to be profiting from any content you provide freely.

Also there's mention on the Schmap site of 'their clients' so they're probably making money by selling on their service, and that may include your images.

Bottom line? If you want the exposure then it's fine. I wonder what all this free content means for people who are trying to make a living from photography.

Xris (Flatbush Gardener) said...

Thanks, Adrian. I've thought of these things as well. I'm inclined to agree, first because it's consistent with past uses of my photos, second because I could get more exposure from it.

I don't host ads on my blog. Some of my photos have been used on Brooklyn blogs that do have ads. I've allowed those uses.

They say that they're advertising supported. And Item 4f of their "Terms", the legal/contract section, states "Schmap shall continue to make its destination/local guides available at no cost to end users." So it seems like more than just a promise from them; it's in their contract language.

of course, if they break the contract, I have to take them to court in San Francisco. At least it's not Los Angeles ...