Website T&C warning

[Adrian Wilson]

Please note that Architizer and Behance have completely unacceptable terms and conditions of submission. By clicking the "agree" button, submissions are then said to become royalty free and useable in any way by those websites.

I have contacted them with little response but I want you all to know that if your architect and designer clients submit your images to these sites, they are agreeing to give away your rights. Not sure how they can legally do that if they don't own the copyright but this is the kind of rights grab nonsense that we need to address.


I would appreciate it if the IAAP made some kind of stand on this, perhaps sending an email saying that IAAP members do not agree to their copyright claims - at least pointing out the lack of legal basis for trying to claim ownership of something that architects do not have the right to sign away.

Adrian Wilson

[Thomas Bliss]

Originally Posted by Adrian Wilson

Please note that Architizer and Behance have completely unacceptable terms and conditions of submission. By clicking the "agree" button, submissions are then said to become royalty free and useable in any way by those websites.

I have contacted them with little response but I want you all to know that if your architect and designer clients submit your images to these sites, they are agreeing to give away your rights. Not sure how they can legally do that if they don't own the copyright but this is the kind of rights grab nonsense that we need to address.


I would appreciate it if the IAAP made some kind of stand on this, perhaps sending an email saying that IAAP members do not agree to their copyright claims - at least pointing out the lack of legal basis for trying to claim ownership of something that architects do not have the right to sign away.

Adrian Wilson

Adrian,

I need more info. Do you have a web address for them?

[MossPhotography]

Behance Network :: Terms & Conditions of Use

Terms of Use - Architizer - Empowering Architecture: architects, buildings, interior design, materials, jobs, competitions, design schools

I think you'll find the offending words there. Upon further reading, the terms used may seem harsh, but they aren't there to screw the photographer, just CYA for the respective sites.

~V~

[Andrew Doran]

This is similar to an issue that I am dealing with, and actually came here today looking for your thoughts.

Regarding Architects and designers submitting images for contest entries.

I recently dealt with a situation where an architect submitted images to a competition with a national wood council, who subsequently claimed the images as their own, to advertise with as they please. I saw the photos in a magazine with a wood council credit, completely by chance.

After a few discussions with them, they agreed that the line of text on their entry form that says "all photos submitted become the property of blah, blah, blah..." gives them no legal grounds to claim any rights on my copyrighted images, and agreed to stop using them.

This whole ordeal caused a kerfuffal with my architect client, because, they want their building to be seen, and they don't want to fall into bad graces with the contest holders. Think "No point in giving a prize to ABC Architects, their photographer won't let us use the photos". Result, my architect clients lose the contest, and eventually I lose the client.

What to do??

I have considered giving my architect and designer clients a letter outlining contest image use to submit with their application. Has anyone thought of this, or done anything similar?

-A

[ccarothers]

I haven't done it, but I think a letter outlining contest use guidelines is an excellent idea. I bet most clients don't even read the T&C on the contest before submitting and don't know about a rights grab. I hope they would consider our rights and not agree to language that gives the contest sponsor rights to use images for free that they had to pay for. It's like educating clients regarding 3rd party usage (subcontractors, etc.) and comes down to an issue of fairness.

Any ASMP members know if that org has a position on this?

and Happy New Year all!

Cameron

[Andrew Doran]

Felt a bit like I was hijacking this discussion, so I started a new thread about Contest Holders rights HERE.

As for Behance, and Architizer, I think I agree with Vic, they seem to be claiming a right for themselves to distribute and display the photos on their website, and nothing more. It does just look like a$$ covering, and not a rights grab. Behance specifically states that they forfeit all rights if you remove the content from their site.

I don't think these places are too much trouble, but we are right to check the fine print, and question when the rights look out of line. I remember a site starting up that encouraged architects and builders to upload their professional photos so they could be shared and used by other contractors on the project. Now that's scary

-A

[Thomas Bliss]

I got this Yesterday from the founders of Architizer

Hi – I am one of the cofounders of Architizer, a website launched in November geared towards architects and the people who work with architects. It is designed as a new way for architects to show their work. I am reaching out to you because some photographers have contacted us with concern for our terms of use. We are working to revise them, but I want to be sure that we account for all of your professions concerns. It is our intention to respect the work of everyone involved with the architectural process, and find a way to promote what we do to the general public online.

I look forward to hearing from you.

Marc Kushner, AIA
co-founder, Architizer
partner, HWKN

Architizer - Empowering Architecture: architects, buildings, interior design, materials, jobs, competitions, design schools
HWKN Architecture and Concept Design Firm
131 Varick Street, Studio 911
New York City, New York 10013
t+1 646 797 3122
f+1 646 607 5081