This is somewhat off topic for video but as we have discussd the concept of scanning old yearbooks and placing them on web I thought this would be of intrest. I was looking around at a yearbook company to see what their specs were for camera ready artwork/layout and was somewhat shocked to see this: "Download your favorite photos from your computer and other social sites"
The idea is that students can "add 4 pages of personal photos" to their yearbook, all they have to do is go to a page and upload images into pre-made templates. What I found most shocking was what *wasn't* said - namely about copyright and licensing. It is isn't even mentioned in the little video about the process.
Some will probably take the "personal photos" wording to mean "only photos you took" but in the context of a yearbook, and what the idea is about, it does not mean that - it means a student has 4 pages that reflects something "personal" to them. In the video one student talks about putting a video of her dad in because it was the only shot she has of him. Another talks about photos from his entire school life - not just senior year. Another talks about not liking one photo because it had her ex-boyfriend in it. Each one of those could come with legal issues if the proper licensing (And release forms) have not been taken care of.
On the video side they also offer a DVD "Supplement" where video and images are submitted that, once sent to the company, "professional editors will decide which clips to use." The interesting thing is, on the video side, they do not discuss copyright either but they use wording that establishes they are well aware of it. Wording such as "Please note that some video or photo content may be excluded or altered during the editing process" and "Natural sound (background, voices, narration, etc.) will not be used in your project" and, on the music side, they only allow "licensed music tracks" which they will supply. I find it also interesting that the company "will not return any content" but still offer to do the encoding of MiniDV or VHS and scanning of images. Yes the idea of don't send originals is a fairly standard one but the overall lack of copyright and licensing requirements for submitting material is troublesome.
Having said all of this - the issue is sort of akin to the entire wedding vidography thread. Where does the real liability fall? Schools have yearbook advisers - is it up to them to teach their "Staff" (i.e - students) about copyright and licensing issues? I would say yes, but only to the yearbook club itself. Because *anyone* can create these pages however it is not the yearbook advisers job to teach parents, grandparents and anyone else that taking photos from the internet for re-publishing is not legal with licensing. Is the yearbook company? I would say the greater responsibility lies with them due to the process. Yes, there is a buried section on their website "for students" that states: It is illegal to copy, use, or publish anything under your name that you did not personally create without getting permission from the author. If you are using someone else's words or pictures, you should give them credit by acknowledging what they wrote or said, or get permission from the person who originally took the picture. This is more than just common courtesy; it is also the law. (The finer point of this, too, is that it is misleading - it is not really an *option* to take someone else's work provided you "give them credit" in lieu of "permission from the person who originally took the picture") This information is, the way it is presented (in another sub section of the website), seemingly not at all tied into the actual mechanics of the yearbook itself, only in a section about "personal publishing" which mainly discusses blogs, tweets, facebook, YouTube and the like and directing students to learn more by going to a website on cyberbullying.
What is most surprising to me is this is not some fly by night operation - they are actually one of the main publishers of yearbooks and do all type of printing. My best guess is that the have "small print" in their contracts with schools that says they presume everything submitted to them for use in the yearbook has been properly licensed.
And on a final note - they go by guidlines provided by PSPA (Professional School Photographers Association International) and the 10 page document is more about formatiing of images. It extends the "who is liable" question even further. The idea is the "Removal of the school from the middleman position between photographers, photo labs and yearbook companies over the format of the CD/DVDs and the assurance of compatibility" - which would mean the school is out of the loop. But wait - this guidline also says "The guidelines do not address many areas for technical or legal reasons" and "these guidelines do not suggest or require which of the interested persons or organizations has responsibility for collecting, recording or distributing the data. That is a matter for those interested to arrange among themselves." (On the other hand these guidelines suggest (i.e - "...OPTIONAL but STRONGLY RECOMMENDED...") placing a "README.TXT" onto the CD/DVD that contains a "License" section such as: The images on this CD are copyright protected and are solely for the use of publishing yearbooks. You do not have permission to make copies for sale or other distribution in any manner that circumvents the sale of these images by the photographer)
In other words it is not PSPA, which is explicitly what the yearbook company follows, so that would seem to, on paper anway, dissallow any legal action against them if they used someone elses work without permission. It appears to place it soley on the individual - in this case a student, parent or other person would have the "responsibility for collecting, recording or distributing the data" for use in the yearbook thusly, reading between the lines, if a copyvio pops up it rests soley on the person who gave the photo fo ruse in the first place. And, really, how many students and their parents/relatives/firends are submitting images to the school using PSPA guidelines? My guess is none - even these guidelines state "This document is NOT directly intended for the common school customer."
The idea is that students can "add 4 pages of personal photos" to their yearbook, all they have to do is go to a page and upload images into pre-made templates. What I found most shocking was what *wasn't* said - namely about copyright and licensing. It is isn't even mentioned in the little video about the process.
Some will probably take the "personal photos" wording to mean "only photos you took" but in the context of a yearbook, and what the idea is about, it does not mean that - it means a student has 4 pages that reflects something "personal" to them. In the video one student talks about putting a video of her dad in because it was the only shot she has of him. Another talks about photos from his entire school life - not just senior year. Another talks about not liking one photo because it had her ex-boyfriend in it. Each one of those could come with legal issues if the proper licensing (And release forms) have not been taken care of.
On the video side they also offer a DVD "Supplement" where video and images are submitted that, once sent to the company, "professional editors will decide which clips to use." The interesting thing is, on the video side, they do not discuss copyright either but they use wording that establishes they are well aware of it. Wording such as "Please note that some video or photo content may be excluded or altered during the editing process" and "Natural sound (background, voices, narration, etc.) will not be used in your project" and, on the music side, they only allow "licensed music tracks" which they will supply. I find it also interesting that the company "will not return any content" but still offer to do the encoding of MiniDV or VHS and scanning of images. Yes the idea of don't send originals is a fairly standard one but the overall lack of copyright and licensing requirements for submitting material is troublesome.
Having said all of this - the issue is sort of akin to the entire wedding vidography thread. Where does the real liability fall? Schools have yearbook advisers - is it up to them to teach their "Staff" (i.e - students) about copyright and licensing issues? I would say yes, but only to the yearbook club itself. Because *anyone* can create these pages however it is not the yearbook advisers job to teach parents, grandparents and anyone else that taking photos from the internet for re-publishing is not legal with licensing. Is the yearbook company? I would say the greater responsibility lies with them due to the process. Yes, there is a buried section on their website "for students" that states: It is illegal to copy, use, or publish anything under your name that you did not personally create without getting permission from the author. If you are using someone else's words or pictures, you should give them credit by acknowledging what they wrote or said, or get permission from the person who originally took the picture. This is more than just common courtesy; it is also the law. (The finer point of this, too, is that it is misleading - it is not really an *option* to take someone else's work provided you "give them credit" in lieu of "permission from the person who originally took the picture") This information is, the way it is presented (in another sub section of the website), seemingly not at all tied into the actual mechanics of the yearbook itself, only in a section about "personal publishing" which mainly discusses blogs, tweets, facebook, YouTube and the like and directing students to learn more by going to a website on cyberbullying.
What is most surprising to me is this is not some fly by night operation - they are actually one of the main publishers of yearbooks and do all type of printing. My best guess is that the have "small print" in their contracts with schools that says they presume everything submitted to them for use in the yearbook has been properly licensed.
And on a final note - they go by guidlines provided by PSPA (Professional School Photographers Association International) and the 10 page document is more about formatiing of images. It extends the "who is liable" question even further. The idea is the "Removal of the school from the middleman position between photographers, photo labs and yearbook companies over the format of the CD/DVDs and the assurance of compatibility" - which would mean the school is out of the loop. But wait - this guidline also says "The guidelines do not address many areas for technical or legal reasons" and "these guidelines do not suggest or require which of the interested persons or organizations has responsibility for collecting, recording or distributing the data. That is a matter for those interested to arrange among themselves." (On the other hand these guidelines suggest (i.e - "...OPTIONAL but STRONGLY RECOMMENDED...") placing a "README.TXT" onto the CD/DVD that contains a "License" section such as: The images on this CD are copyright protected and are solely for the use of publishing yearbooks. You do not have permission to make copies for sale or other distribution in any manner that circumvents the sale of these images by the photographer)
In other words it is not PSPA, which is explicitly what the yearbook company follows, so that would seem to, on paper anway, dissallow any legal action against them if they used someone elses work without permission. It appears to place it soley on the individual - in this case a student, parent or other person would have the "responsibility for collecting, recording or distributing the data" for use in the yearbook thusly, reading between the lines, if a copyvio pops up it rests soley on the person who gave the photo fo ruse in the first place. And, really, how many students and their parents/relatives/firends are submitting images to the school using PSPA guidelines? My guess is none - even these guidelines state "This document is NOT directly intended for the common school customer."