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Should I....? Answered

I received a PM this morning from someone asking to use one of my instructables project photos in their book. Here is what they wrote:

I'm finishing writing a book dealing with sci-fi, and I thought it would be kind of fun to include your photo of your croched USS Enterprise (the first one-- tilted upward) . I have similar Trek artwork, and yours would be fun to add. If I show you as artist, might I possibly have unrestricted permission (all future world editions/languages/derivations/ads), to sell it in my printed book as well as from the book site's down-loadable image bank?

Should I? I think it would be cool to have something in a book.  The other question is can I? Since it was entered into a contest and according to the contest rules :9. By submitting an entry and entering this contest, you hereby grant Instructables a perpetual, irrevocable, sublicenseable, worldwide, royalty free right to publish and distribute your entry for their promotional purposes.



Best Answer 7 years ago

If it were my photo I'd say yes in return for a copy of the book and on the condition that I were credited for it and that he/she only had permission to use it IN the book and not in any other publications/promotions without your further permission.

That sound fair?

Instructables has the right to reuse, republish and redistribute your "stuff", not the SOLE right to. They're still yours to do with as you wish.

(I'm not a lawyer, but that's how I read that statement)

Hi iceng. Could you please explain a little more about what you mean? I am very interested in understanding your point. Seriously-not sarcasim. I would like to learn more. Thank you in advance :0)

Jayefuu said it best, I would also ask for a hard copy of the book. If you question yourself as to whether or not you want to 'play' with the contest entry or not, you have the power to circumvent that. Contact the requesting author, and offer up some of the photo's that didn't make it into your 'ible, or even take some new ones that can be 'adjusted' to meet the authors desires even better than the one they mentioned.

It is your work, you should be able to use it or recreate it as you see fit.



7 years ago

do it!

Yes you should, it's cool.

+1 Your not giving exclusive rights away here only making your work public.

I would be flattered :-) Getting into print or E print is kind of cool.

I wouldn't expect your going to get anything but nice of the Author to ask first - a lot don't.

Thanks! So you think I should go ahead and let them use the photo?

I would just be flattered if it was me, you will retain the rights, you will get more people getting seeing your stuff, it seems like a win win to me. But that 's me.


7 years ago

It does not say Exclusive.
Ergo you cannot be excluded from self profit.
The publisher needs to know.
I am no lawyer, but have written contracts that stood up.