Using "rotating Banner" Pics For Personal Calendars

[+Western Mass Clan]

Hi folks!

 

This question is probably mostly directed to the Groundspeak brass. I've had the idea of creating a 2007 calendar using 12 of my favorite pictures from the Rotating Banner gallery. At sites such as Walmart.com, this is very easy to do and relatively inexpensive.

 

I'm not planning on marketing them, but would like to have perhaps 30-40 made to give to geocaching friends, hand out at events, and place in caches that I like.

 

The obvious question is then, am I violating any Groundspeak polices by doing this? I'm assuming that once you post a picture at Geocaching.com or Groundspeak.com, it becomes the property of the website. Is it OK to do this as long as I'm not profiting from it? I would be merely making some nice calendars to hand out to friends and place in caches. I would give credit to the picture taker for each picture I use ... probably printed somewhere below the photo ... (as in "Photo taken by Western_Mass_Clan at Bare Mountain while hunting '7 Wonderful women series //// Allison' cache [GCW825] - 6/21/06")

 

I've perused the website's FAQ and some other pages, but could not find any published policy on the personal use of gallery pictures.

 

Thanks!

 

Matt

[ju66l3r]

The pertinent section is in the Groundspeak Terms of Use ( http://www.geocaching.com/about/termsofuse.aspx ):

 

All comments, articles, tutorials, screenshots, pictures, graphics, tools, downloads, and all other materials submitted to Groundspeak in connection with the Site or available through the Site (collectively, “Submissions”) remain the property and copyright of the original author. If You submit Submissions to Groundspeak, You must adhere to any applicable submission guidelines that may be posted from time to time on the Site. By submitting any Submission to Groundspeak, You grant Groundspeak a worldwide, non-exclusive, transferable, perpetual, irrevocable, fully-paid royalty-free license and right to use, reproduce, distribute, import, broadcast, transmit, modify and create derivative works of, license, offer to sell, and sell, rent, lease or lend copies of, publicly display and publicly perform that Submission for any purpose and without restriction or obligation to You.

 

So, you *could* get Groundspeak permission to use the images (as that is their right if they chose to allow you to distribute the images given by the license above that takes effect upon submission to the website from the original owner). If they said yes, then you're golden for whatever terms they say yes to.

 

Otherwise, you have to go to copyright law for your answer. Since you are not using these things for educational, research, criticism, news, or those sorts of things, you can't claim "fair use" of the image. In fact, if you plan on handing out the images in caches or otherwise, then you actually hit upon clause 4 of the Copyright law that says you can't effect the potential market or value (which you would be doing so by handing it out for free where the original author may choose to charge for it). So, if you contacted each of the original creators of the images and got their approval, you could basically be in the same situation as Groundspeak (licensed by original author for your use) and be in the clear.

 

EDIT: Just wanted to add that personally, I usually don't mind if people want to use my images (I need to fix the site, but I used to put a lot of my nice photos online for people to look through)...BUT, I want to know each and every time they are used and want appropriate credit attached to the image.

Edited August 6, 2006 by ju66l3r

[+Lil Devil]

I think ju66l3r nailed it. Best to contact the person(s) that originally posted the pictures and get their permission.

 

I was recently contacted by the webmaster of this site for permission to use one of my pictures on that website. I happily said yes, and even sent the hi-res version of the pic.

 

Which actually brings up a good point. Most of the pics from caches and logs have been scaled down to the point they wouldn't print well. You'd want the original hi-res versions for best results.

[+crystalndave]

I would others use mine if they wanted as long as they asked! I am sure that most people would be flattered.