[phoneear]

Hi!

Does anyone have photos of their iPod that they would like to see in a book on iPods and portable media devices? I am looking for sexy (Applesque) photos of the following iPods:

4th Gen
5th Gen
mini
shuttle

If your photo is selected I'll send you a signed book and mention your shot in the acknowledgements.

Thanks!

Dave

[Ulrich Kinbote]

Originally Posted by phoneear

I am looking for sexy (Applesque) photos of the following iPods:
shuttle
If your photo is selected I'll send you a signed book and mention your shot in the acknowledgements.
Thanks!
Dave

[phoneear]

Ah, hah-hah!

While definitely sexy, I was looking for the type of slick photos you'd find Apple using in their ads.

Would you believe that they will not allow one to use their product shots in a book; even if it means more iPod sales for them?



D.

[phoneear]

But, I will check with my editor. They might just love it!

D.

[Jerome]

Originally Posted by phoneear

Would you believe that they will not allow one to use their product shots in a book; even if it means more iPod sales for them?

I don't know of many companies that would allow that...

[keekeeree]

Originally Posted by phoneear

...I was looking for the type of slick photos you'd find Apple using in their ads.

Would you believe that they will not allow one to use their product shots in a book; even if it means more iPod sales for them?



D.

It's not Apple's job, or their professional photographer's job, to help you make a buck for free.

How much are you paying for slick professional photos to be used in your for-profit book? I could probably get you a slick photo of my black 5G iPod if the price is reasonable.

[Ulrich Kinbote]

Originally Posted by phoneear

But, I will check with my editor. They might just love it! D.

It's from here:

http://www.mopo.ca/uploaded_images/i..._01-770190.jpg

You'll have to ask them (whoever they are).

[phoneear]

Actually, MOST companies who want to sell a product make images available FREE to press and other media. They seem to think that it might help sell their product. They are usually found under "Press Images" on their Web sites and ONLY Apple puts any stipulation on their use.

I guess one of the things that have folks willing to pay twice what a product is worth is the same logic that makes THIS type of statement make sense:

Originally Posted by keekeeree

It's not Apple's job, or their professional photographer's job, to help you make a buck for free.

I certainly don't have to use Apple's photo in my book and their policy (as well as your response) have helped me decide to reduce my iPod coverage to one chapter. I think they have possibly had enough time in the spotlight.

FWIW, I have had a professional photographer shoot my nano, but will not go buy every iPod just to have them in my book.

The book (in its new format and with only nano photos) will be on the shelf in February.

Thanks anyway!

[icruise]

I'm not versed enough in the policies that other companies have about using stock photos of their products, and you don't give the details of Apple's policy, so I can't really address that either.

But consider this: why do you think that publishing a book illustrated with a bunch of stock photos of iPods would be a good idea? Part of writing a book is coming up with original material that people want to see. I for one wouldn't be all that excited about reading a book about iPods that was filled with the same photos that I've seen hundreds of times before. It's boring and unprofessional. No one is saying that you have to buy every iPod, but writing a book isn't supposed to be easy. You could at least make enough of an effort to track down some people who would be willing to let you photograph theirs. That can't be so hard, can it? There are several million iPods out there, after all. You're really going to let this issue change the entire focus of your book?

That's pretty lazy, if you ask me, and borderline dishonest if you're going to play down the iPod's importance just because you can't find enough pictures. But coming from someone who expects a group of anonymous strangers to do his work for him, I guess that's not too surprising.

I guess one of the things that have folks willing to pay twice what a product is worth is the same logic that makes THIS type of statement make sense:

Hmm, something tells me you have a bit of an axe to grind. Anyway, good luck with that book of yours.

[Captain Obvious]

Originally Posted by phoneear

Actually, MOST companies who want to sell a product make images available FREE to press and other media. They seem to think that it might help sell their product. They are usually found under "Press Images" on their Web sites and ONLY Apple puts any stipulation on their use.


FWIW, I have had a professional photographer shoot my nano, but will not go buy every iPod just to have them in my book.

The book (in its new format and with only nano photos) will be on the shelf in February.

Are you retarded or just an idiot?

What you asked for was original material from individuals to publish in your work.
Not only do you have to credit them for the material but you have to have them sign away their copyright protection so you can use it for your commercial purpose. You couldn't just ask for it here and slap it into a book. I assume you are in high school or something and your publisher is a kid with a color laserprinter because anyone who does this sort of thing professionally would have approached the acquisition of the material with a little more knowledge on the subject. And even with all that it would still be prudent to give Apple's legal department a call so they have a head's up.

Good luck with your book but it sounds like you would have made more money holding a bakesale.

[hardcat1970]

Originally Posted by Captain Obvious

Are you retarded or just an idiot?

What you asked for was original material from individuals to publish in your work.
Not only do you have to credit them for the material but you have to have them sign away their copyright protection so you can use it for your commercial purpose. You couldn't just ask for it here and slap it into a book. I assume you are in high school or something and your publisher is a kid with a color laserprinter because anyone who does this sort of thing professionally would have approached the acquisition of the material with a little more knowledge on the subject. And even with all that it would still be prudent to give Apple's legal department a call so they have a head's up.

Good luck with your book but it sounds like you would have made more money holding a bakesale.

please go easy on him, he is just a kid.

A lot of people think they can do anything nowadays especially when it is much easier to acquire a computer, a scanner, a printer and bunch of free softwares on the internet.

You can't believe how many people don't know anything about copyrights and fair usages. That is why so many professional designers and photographers like myself are getting less and less job opportunities

[phoneear]

Originally Posted by hardcat1970

please go easy on him, he is just a kid.

You can't believe how many people don't know anything about copyrights and fair usages. That is why so many professional designers and photographers like myself are getting less and less job opportunities

Thx, Hardcat!

Yeah, I take that kind of stupidity with a (very large) grain of salt. He probably isn't aware that fair use allows me to legally use screenshots and images obtained from public web sites without disclaimer unless expressly forbidden in the text of the site. I keep my photographer friend busy with shots of some products (Like the iPod nano and Creative MuVO I am using in my book), but the manufacturers themselves keep the rest busy and provide the photos to me willingly if it helps me feature their product in my books.

I do have friends who have lent their iPods to the project, but you'd probably be surprised to know that not every neighborhood is as full of Apple owners as your own. I've been able to collect a mini (which I left out because it was discontinued a month into my writing), a nano (my own), a 4th Gen (a neighbor's). I can't find anyone poor enough to own a Shuffle, and haven't even heard of a 5th gen in this neck of the woods yet...

Also, anyone who had read my initial message would have seen that I did offer acknowledgements. The last fellow who helped me out with a photo got what amounted to a free ad in my book and many contacts. But, hey! Each of us makes our own choices, don't we?

Cheers!

[Captain Obvious]

Originally Posted by phoneear

Yeah, I take that kind of stupidity with a (very large) grain of salt. He probably isn't aware that fair use allows me to legally use screenshots and images obtained from public web sites without disclaimer unless expressly forbidden in the text of the site. I keep my photographer friend busy with shots of some products (Like the iPod nano and Creative MuVO I am using in my book), but the manufacturers themselves keep the rest busy and provide the photos to me willingly if it helps me feature their product in my books.

I do have friends who have lent their iPods to the project, but you'd probably be surprised to know that not every neighborhood is as full of Apple owners as your own. I've been able to collect a mini (which I left out because it was discontinued a month into my writing), a nano (my own), a 4th Gen (a neighbor's). I can't find anyone poor enough to own a Shuffle, and haven't even heard of a 5th gen in this neck of the woods yet...

Also, anyone who had read my initial message would have seen that I did offer acknowledgements. The last fellow who helped me out with a photo got what amounted to a free ad in my book and many contacts. But, hey! Each of us makes our own choices, don't we?

You don't really believe any of those things you said do you?

Commercial use of an image falls outside the realm of fair use.
Having your friend take pictures for you is commissioning the work so one of you owns the rights to those and you can do whatever you want with it. Companies provide product images primarily for news reporting or purposes which can be considered educational. It is not up to you to decide that inclusion of their work in your book is beneficial to them since its free advertising. They have to expressly tell you its OK to use it in the manner you want to.
What you just said was wrong. Just because something is on the internet does not make it public domain. There is no need for the owner of the work to include a disclaimer forbidding use of the work. If they made it then there is a copyright even if it doesn't seem like they are trying to enforce it. You cannot take it for the use you are implying just because you think its free reign.
Acknowledgments is not enough to ensure that you haven't violated someone's copyright. Some artists, photographers, and companies want a licensing fee for use of their material in a commercial work. And since you will probably be charging for your "book" its safe to assume you aren't "publishing" it for nonprofit or educational purposes so they may want a cut of the billions you are going to make off that New York Times bestseller.

So to summarize: you aren't very bright and you need to do a more thorough job in the future of going through the proper channels to obtain permission to use other people's work.

[phoneear]

Originally Posted by Captain Obvious

Commercial use of an image falls outside the realm of fair use.

No, actually, Fair Use is what makes the pretty books you like to read possible.

Can you imagine if I had to get Apple's permission everytime I wanted to snap a screen shot? Or, if I had to get the permission of a Web site owner to depict their site in print?

You'd have me begging for permission to quote this conversation on my blog next!

[Pr0c32]

I like how this topic deviated from the main point

Sorry, no photos from me.

[Captain Obvious]

Everyone who went to a first tier law school raise their hand..... yeah I figured it would just be me.

Moron, your perception of what constitutes Fair Use is wrong. Your stupid book is a commercial use, not covered by Fair Use in any way, shape, or form.

[awcopus]

Originally Posted by phoneear

No, actually, Fair Use is what makes the pretty books you like to read possible.

Can you imagine if I had to get Apple's permission everytime I wanted to snap a screen shot? Or, if I had to get the permission of a Web site owner to depict their site in print?

You'd have me begging for permission to quote this conversation on my blog next!

There is no such thing as a fair use right that applies to reproducing copyrighted material for a commercial use. Fair use applies to inviting some friends over to watch some of your DVDs or creating your own mix CDs from music you've already purchased. If you are taking a picture of somebody's web site and putting it in a book that you plan to sell, you or your publisher will have to secure permission before you go to press.

You may not like Capt. Obvious's tone, but he's right, and, frankly, he's giving you advice that will protect your reputation and your bank account. But don't take his or my word for it. Do a little research on copyrights and publishing on your own and for your own sake.

[f1000]

Originally Posted by phoneear

He probably isn't aware that fair use allows me to legally use screenshots and images obtained from public web sites without disclaimer unless expressly forbidden in the text of the site.

It's one thing to save images from a website onto your hard drive for personal use, but it's a whole different ball of wax to turn around and resell them (thereby duplicating said images without authorization). An author need not add a warning that a work is copyrighted in order to retain rights.

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained.

http://www.copyright.gov/