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Rights grab


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7 replies to this topic

#1 Snappy

Snappy

    Moray Eel

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Posted 10 November 2006 - 01:08 PM

Found this interesting, you may too:

http://www.epuk.org/...b-dive-magazine
website
Norwegian snapper who prefers warm waters.

#2 John Bantin

John Bantin

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    Undercurrent
    Author of Amazing Diving Stories (Wiley Nautical)

Posted 16 November 2006 - 09:02 AM

What is interesting is that as my intellectual-property lawyer (and sister-in-law) is happy to explain, you cannot in the UK wave rights which are granted to you by statute (Copy Designs & Patents Act 1988) nor can any such contract be held up to be in perpetuity. Looks like they need a new lawyer (if they used one)! I wonder if it will ever get tested in court?

I hasten to add that this appears to be about Dive Magazine, and NOT Diver Magazine. (There is often some confusion).

I buy my own photographic kit. Diving equipment manufacturers and diving services suppliers get even-handed treatment from me whether they choose to advertise in the publications I write for or not. All the equipment I get on loan is returned as soon as it is finished with. Did you know you can now get Diver Mag as an iPad/Android app?

 

#3 Simon Rogerson

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Posted 17 November 2006 - 06:46 AM

The rights blurb is imposed on us by lawyers, but please don't be too quick to judge. As editor of DIVE, I am proud to say we regularly showcase new underwater photographers and pay for everything we use – more than other UK dive magazines, as it happens. As a magazine, the only photographs we do not pay for are promotional distributed images and pictures which are used to promote the photography competitions we organise ourselves, which I believe is common practise and fair enough.

We have a history of supporting up-and-coming photographers as well as publishing the work of established snappers, and there is no question of building up a 'free library'. I understand all the legalspeak can occasion a degree of paranoia, but here at DIVE we're just a bunch of people who love diving and simply want to publish the best stories and pictures in return for a fair payment. Every now and then a payment can be a while coming, but we truly look after our contributors and I am happy to stand on my record in this regard.

Simon Rogerson
Editor, DIVE magazine
London

#4 John Bantin

John Bantin

    Sperm Whale

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    occasional contributor
    SportDiver (Aus)
    Undercurrent
    Author of Amazing Diving Stories (Wiley Nautical)

Posted 17 November 2006 - 08:07 AM

Your lawyers are stitching you up Simon. Take a look at this:
http://www.opsi.gov....880048_en_1.htm

You cannot waive your statutory rights in the UK anymore than I could give you permission to kill me and eat me, so that you could use it in a successful defence of a subsequent murder charge!

I have a long string of proven litigation successes with entities that were badly advised including Conde Naste, Express Newspapers, and even the BSAC. Jeremy Stafford-Deitsch will tell you that the most money he got for repro of a photo was after I advised him to go after a national newspaper for using it without a license - and a license cannot be given in perpetuity (not under English Law).

I buy my own photographic kit. Diving equipment manufacturers and diving services suppliers get even-handed treatment from me whether they choose to advertise in the publications I write for or not. All the equipment I get on loan is returned as soon as it is finished with. Did you know you can now get Diver Mag as an iPad/Android app?

 

#5 Simon Rogerson

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Posted 17 November 2006 - 08:53 AM

Thanks for the advice, John. Should I ever consider indulging in a spot of cannibalism, I will at least be aware of the legal complexities.

SimonR

#6 John Bantin

John Bantin

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    Undercurrent
    Author of Amazing Diving Stories (Wiley Nautical)

Posted 17 November 2006 - 09:17 AM

I'm off again early in the morning but, cannibalism aside, what about meeting for a beer the week of 27th Nov.?

JB

I buy my own photographic kit. Diving equipment manufacturers and diving services suppliers get even-handed treatment from me whether they choose to advertise in the publications I write for or not. All the equipment I get on loan is returned as soon as it is finished with. Did you know you can now get Diver Mag as an iPad/Android app?

 

#7 Simon Rogerson

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Posted 17 November 2006 - 01:07 PM

Sure, I'll be around. Name your day and mine's a Guinness.

SimonR

#8 DeanB

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Posted 17 November 2006 - 03:32 PM

;) :)

I love these jovial exchanges...

Even though I'm 'law illiterate' at the moment..It's nice to see our cannabalistic buddies getting on over a pint of the black stuff. :guiness:

Thanks for making a dullish friday night more enjoyable.. ;)

Dive safe

DeanB
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NOW ON SKYPE !!! ... deanb69
www.waterwolf-productions.co.uk