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I would guess that this is more of a cock up than a deliberate rights grab. When you ask your company solicitors to draw up a rule that allows you to use entries in the magazine, that's what you get. It's indefensible, but that's probably what happened.
They are demanding a free license to use, which is not the same as copyright. It's grabbing free content for them sure enough, which is not brilliant news, but I don't think there is anything more sinister.
It happens all the time, sadly. It is particularly embarrasing that they also publish Professional Photographer magazine, the trade mag BPI News, and the big selling consumer mag Photography Monthly.
I would have thought an email to the editor of PM would sort it out.
Hoppy, rights grabs and ruses to get free content do happen all the time, like the orphan works legislation going through parliament.
And photographers, in their own rather disorganised fashion, are trying to do something about it. Why not support them?
I thought my suggestion to contact the editor of PM was supporting them? I don't think this clause is an attempt to rip people off in the way perhaps it reads to the likes of folks here.
But it is far too all embracing and open to potential abuse. Stuff like that should be upfront and not hidden in the fine print. It needs to say clearly "we want to publish your pictures, and we hope you want to see them published too and maybe win a prize, but we're not paying for them." Then people can make their own judgement. For the majority of potential contributors, they will be actually be very happy with that, the ego boost is payment enough, but it needs to be clearly stated.
Maybe where we differ Jerry is that I can understand where the publisher is coming from with this. Some perhaps think they are greedy fat cats living a life of luxury and screwing anybody and everybody, but I know Archant (well, some bits of it) and the division this magazine comes from is full of tin-pot regional magazines scrabbling along on next to nothing. Closer to home, Archant have moved offices in the last few months, vacating expensive premises in the home counties for a cheaper place out west. A lot of people have been made redundant as a result, including some close friends of mine. That is the flipside reality of publishing these days.
This is a new launch of a relatively tiny circulation magazine. They just don't have any freelance budget - if it was costed into the business plan, the magazine would simply never exist. It will be losing money at launch, might never make a profit, and may not make it long term.
New magazine launches are speculative and very risky - statistically, most fail. Naturally enough, unless you work in the industry you never hear about them.
Hoppy, we've had several discussions on here about copyright and similar issues, which just about stayed on the right side of amicable, so I'll be very careful with what I say here.
I understand that you've spent most of your working life in magazine publishing, in fact I seem to remember your name from one of the photo mags from way back when I was starting out in photography.
It seems though that every time one of these issues comes up, your sympathies still lie with publishing and publishers, rather than photographers, which is what I can't understand.
For example, you'd rather see a magazine surviving, using free images from photographers who don't know any better, than see staff go out on the dole or have to find another job. Fair enough. But the other side of that picture is that photographers who would otherwise be able to earn a living selling images to magazines like that, have to stack shelves instead.
That is the reality of photography as a business!
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