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	<title>Comments on: Schmap Wants to Make Money Off My Photos and I Won&#8217;t Let Them</title>
	<link>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/</link>
	<description>Photography Tips and Digital Camera News from Andrew Ferguson's Photography Blog</description>
	<pubDate>Thu, 24 Jul 2008 02:52:48 +0000</pubDate>
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		<title>By: julie</title>
		<link>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-23390</link>
		<author>julie</author>
		<pubDate>Tue, 25 Sep 2007 14:55:51 +0000</pubDate>
		<guid>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-23390</guid>
		<description>They want to use one of my all rights reserved photos. I've decided to decline.</description>
		<content:encoded><![CDATA[<p>They want to use one of my all rights reserved photos. I&#8217;ve decided to decline.</p>
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		<title>By: Ron Beaubien</title>
		<link>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-22359</link>
		<author>Ron Beaubien</author>
		<pubDate>Sun, 16 Sep 2007 05:39:24 +0000</pubDate>
		<guid>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-22359</guid>
		<description>Andrew -- I guess so.

What surprises me is how many people will give up their work for free when it is obvious that someone else will be making a profit on them. They never stop to think about how much time, effort, and money they put into their pictures. Then there is also the cost of digital storage, a computer, software, camera upgrades, lenses, travel expenses, etc. It is shocking really. With desktop publishing these days, anyone can publish their photos without much effort or cost. 

Even forgetting about making a profit for a moment, it seems that many photographers are not even thinking about getting a few extra dollars just help  with their next photo trip, even if that is just a bit of change to put gas in the gas tank. It would even be nice just to break even once in a while.</description>
		<content:encoded><![CDATA[<p>Andrew &#8212; I guess so.</p>
<p>What surprises me is how many people will give up their work for free when it is obvious that someone else will be making a profit on them. They never stop to think about how much time, effort, and money they put into their pictures. Then there is also the cost of digital storage, a computer, software, camera upgrades, lenses, travel expenses, etc. It is shocking really. With desktop publishing these days, anyone can publish their photos without much effort or cost. </p>
<p>Even forgetting about making a profit for a moment, it seems that many photographers are not even thinking about getting a few extra dollars just help  with their next photo trip, even if that is just a bit of change to put gas in the gas tank. It would even be nice just to break even once in a while.</p>
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		<title>By: Andrew Ferguson</title>
		<link>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-22318</link>
		<author>Andrew Ferguson</author>
		<pubDate>Sun, 16 Sep 2007 00:50:45 +0000</pubDate>
		<guid>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-22318</guid>
		<description>&lt;b&gt;@Kenya:&lt;/b&gt; Both of the photos they picked from me were also most definitely NOT my best work, that was part of why I got suspicious.

It seems I exagerrated, they aren't *technically* violating the CC license but they are tricking people into waiving their CC rights. It amounts to the same thing and it's just as sleazy.

&lt;b&gt;@Ron:&lt;/b&gt; Thanks for the link! It's made for some good reading. I'm surprised by how many people in the Flickr community are eager to give their work away for free, but I guess that's what happens with amateurs and hobbyists. They're not expecting or attempting to make money, so the money becomes irrelevant.</description>
		<content:encoded><![CDATA[<p><b>@Kenya:</b> Both of the photos they picked from me were also most definitely NOT my best work, that was part of why I got suspicious.</p>
<p>It seems I exagerrated, they aren&#8217;t *technically* violating the CC license but they are tricking people into waiving their CC rights. It amounts to the same thing and it&#8217;s just as sleazy.</p>
<p><b>@Ron:</b> Thanks for the link! It&#8217;s made for some good reading. I&#8217;m surprised by how many people in the Flickr community are eager to give their work away for free, but I guess that&#8217;s what happens with amateurs and hobbyists. They&#8217;re not expecting or attempting to make money, so the money becomes irrelevant.</p>
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		<title>By: justin</title>
		<link>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-22036</link>
		<author>justin</author>
		<pubDate>Wed, 12 Sep 2007 19:48:36 +0000</pubDate>
		<guid>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-22036</guid>
		<description>Damn. I said yes to them cos I thought it was non-profit. Even then only because it's a photo I don't feel too precious about.

I don't regret it really having read your post but if they ever contact me again, I'll probably say No.</description>
		<content:encoded><![CDATA[<p>Damn. I said yes to them cos I thought it was non-profit. Even then only because it&#8217;s a photo I don&#8217;t feel too precious about.</p>
<p>I don&#8217;t regret it really having read your post but if they ever contact me again, I&#8217;ll probably say No.</p>
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		<title>By: Ron Beaubien</title>
		<link>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-22017</link>
		<author>Ron Beaubien</author>
		<pubDate>Wed, 12 Sep 2007 12:32:55 +0000</pubDate>
		<guid>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-22017</guid>
		<description>We had a similar discussion on Flickr where companies have been taking advantage of photographers in much the same way. 

http://flickr.com/help/forum/47355/</description>
		<content:encoded><![CDATA[<p>We had a similar discussion on Flickr where companies have been taking advantage of photographers in much the same way. </p>
<p><a href="http://flickr.com/help/forum/47355/" rel="nofollow">http://flickr.com/help/forum/47355/</a></p>
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		<title>By: Kenya</title>
		<link>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-21480</link>
		<author>Kenya</author>
		<pubDate>Thu, 06 Sep 2007 19:26:40 +0000</pubDate>
		<guid>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-21480</guid>
		<description>Schmap realizes that their usage violates Creative Commons which is why they contact the photographer in the first place.  However, their terms actually do not violate the CC license because they are relying on this part of the license agreement:
&lt;blockquote&gt;Any of the above conditions can be waived if you get permission from the copyright holder.&lt;/blockquote&gt;
If you don't give them permission to use your photos, they are not going to violate the license because they don't want to be sued and they have a bunch of other eager amateur photographers waiting to have their pictures "published".  I think the reason they waffle on whether their enterprise is commercial because they don't want to us to expect payment from them.  To some degree, I think they also expect the "photographers" to publicize their site.  I noticed on several blogs of who had been Schmapped that they provided a link back to the photo and thereby the actual guide in which Schmap used their photo.  Ridiculous.

My suspicions were raised because for me they picked photos that I honestly don't think are all that great.  Also, I had never heard of Schmap until this and it's not like they are Frommers, Fodors or Lonely Planet, all of which I respect.  Perhaps they are advertising to the photographers as well by "selecting" our photos.</description>
		<content:encoded><![CDATA[<p>Schmap realizes that their usage violates Creative Commons which is why they contact the photographer in the first place.  However, their terms actually do not violate the CC license because they are relying on this part of the license agreement:</p>
<blockquote><p>Any of the above conditions can be waived if you get permission from the copyright holder.</p></blockquote>
<p>If you don&#8217;t give them permission to use your photos, they are not going to violate the license because they don&#8217;t want to be sued and they have a bunch of other eager amateur photographers waiting to have their pictures &#8220;published&#8221;.  I think the reason they waffle on whether their enterprise is commercial because they don&#8217;t want to us to expect payment from them.  To some degree, I think they also expect the &#8220;photographers&#8221; to publicize their site.  I noticed on several blogs of who had been Schmapped that they provided a link back to the photo and thereby the actual guide in which Schmap used their photo.  Ridiculous.</p>
<p>My suspicions were raised because for me they picked photos that I honestly don&#8217;t think are all that great.  Also, I had never heard of Schmap until this and it&#8217;s not like they are Frommers, Fodors or Lonely Planet, all of which I respect.  Perhaps they are advertising to the photographers as well by &#8220;selecting&#8221; our photos.</p>
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		<title>By: Ian Runkle</title>
		<link>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-21431</link>
		<author>Ian Runkle</author>
		<pubDate>Thu, 06 Sep 2007 07:21:28 +0000</pubDate>
		<guid>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-21431</guid>
		<description>I had something similar--and they went a step further, they wanted to own the rights to the picture.  The deal seemed to be that I give them the copyright, and in exchange they print it in a book and earn cash on it.  

I was a little baffled by the audacity of that move.</description>
		<content:encoded><![CDATA[<p>I had something similar&#8211;and they went a step further, they wanted to own the rights to the picture.  The deal seemed to be that I give them the copyright, and in exchange they print it in a book and earn cash on it.  </p>
<p>I was a little baffled by the audacity of that move.</p>
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		<title>By: Andrew Ferguson</title>
		<link>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-21365</link>
		<author>Andrew Ferguson</author>
		<pubDate>Wed, 05 Sep 2007 16:49:59 +0000</pubDate>
		<guid>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-21365</guid>
		<description>Yep, they just pick whatever shows up in the search. My images are marked 'All Rights Reserved' and the same thing happened :/</description>
		<content:encoded><![CDATA[<p>Yep, they just pick whatever shows up in the search. My images are marked &#8216;All Rights Reserved&#8217; and the same thing happened :/</p>
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		<title>By: Matt Simpson</title>
		<link>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-21364</link>
		<author>Matt Simpson</author>
		<pubDate>Wed, 05 Sep 2007 16:35:23 +0000</pubDate>
		<guid>http://www.goldengod.net/2007/09/04/schmap-wants-to-make-money-off-my-photos-and-i-wont-let-them/#comment-21364</guid>
		<description>Interestingly, they are not looking at just CC images.  Alll my images are marked "all rights reserved" and they asked for it anyway, and in the process copied my image to their servers, which basically means they've adopted a "copy first, ask questions later." policy.

If they were linking my photo and saying "hey, can we use this?" I wouldn't be so annoyed, but they aren't so I am.</description>
		<content:encoded><![CDATA[<p>Interestingly, they are not looking at just CC images.  Alll my images are marked &#8220;all rights reserved&#8221; and they asked for it anyway, and in the process copied my image to their servers, which basically means they&#8217;ve adopted a &#8220;copy first, ask questions later.&#8221; policy.</p>
<p>If they were linking my photo and saying &#8220;hey, can we use this?&#8221; I wouldn&#8217;t be so annoyed, but they aren&#8217;t so I am.</p>
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