The Official Sept Photopass Thread

[CrazyFool]

While I do hope that you all get your vacation photos...I might be hesitant to notify the police or the Attorney General considering the legality of the Photopass swap is questionable.

I've followed this for a few weeks and would have to agree with Mickey Fliers. Once Disney gets word of this, they may not appreciate their copyrights being violated, as the license forbids anyone from making copies of the CD/pictures for money.

You may also be involving the owners and moderators of the DIS who apparently allowed these threads to exist as accessories in a potential federal case.

The post with the personal information should be edited as that creates another potential issue for the DIS and the person who posted that information as well.

 

[Mickey Fliers]

From Disney's Photpass website :

"All photographs taken by Disney's PhotoPass Photographers are owned and copyright protected by Disney. Please be aware that it is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner. Purchased prints and other products may not be reproduced without permission from Disney. Accessing pictures or text provided on Web sites does not give you any rights to use them. Only the copyright owner, or the owner's legal agent, can grant permission to copy, distribute, or publicly display protected material. "

So, has reproducing the discs been okayed by Disney?

 

[boomhauer]

Gotta agree with Mickey Fliers on this.

 

[glitzybabes]

ATTN: GROUP 10

Our Pictures have been restored for 15 Days!!!

Does one know a code or anything to get the cd cheaper??? I'm still waiting for the pictures to load.

Just waited to give everyone this great update!!!

 

[msmayor]

ATTN: GROUP 10

Our Pictures have been restored for 15 Days!!!

Does one know a code or anything to get the cd cheaper??? I'm still waiting for the pictures to load.

Just waited to give everyone this great update!!!

Considering what angst you've gone through to resolve this, that's a pretty odd statement. Disney gave you a gift in restoring the pics; I don't think I'd be looking for anything else.

 

[pamouselover]

Hi everyone,
I was notifity by a user in Aug. before my trip, that I was going to be taken by our group leader. The users reason were that she was over charging us in with the price of $30 a piece, and that she does not post enough. Our leader did get the CD for $99, luckliy I did get my photos, though we were over
charged. So dont be ashamed that you were taken. My Dh was not thrilled with me doing the share.
Did she say she lived in Fla.? I am curious, as comcast I thought was only a east coast cable company. She most likely did not even go to WDW, if she is a scammer. Were you all able to edit your pictures? Were you able to see how many differnt familis photo were on the site? I am just trying to figure out if you will be able to get a picture of her , if you are able to get a copy of the CD.
Any info you can give me on her I will try to help you all out. I would also help get the pictures up on a server for you all, just PM me.
So sorry again folks, it is really ashame.
To Tiffany I am sure you are still posting on the Dis, IRISH WHAMMY TO YOU!

 

[twitch]

From Disney's Photpass website :

"All photographs taken by Disney's PhotoPass Photographers are owned and copyright protected by Disney. Please be aware that it is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner. Purchased prints and other products may not be reproduced without permission from Disney. Accessing pictures or text provided on Web sites does not give you any rights to use them. Only the copyright owner, or the owner's legal agent, can grant permission to copy, distribute, or publicly display protected material. "

So, has reproducing the discs been okayed by Disney?

Yes. When you purchase the disc, you are granted the right to duplicate the contents of the disc. Here is a quote from the copyright jpeg file included on the CD:

"In consideration for the purchase price paid by the buyer ("Buyer") of this Photo Image Compact Disc ("CD") to Disney Photo Imaging LLC ("Seller"), Seller hereby grants, sells and coveys the following to the Buyer: (1) the compact disc media; and (2) the intellectual property rights owned by Seller or its affiliates in and to the digital image files contained on the compact disc media, subject to: any and all intellectual property rights owned by Seller and its affiliates or by any third party in and to properties displayed in or as a part of such digital image files when such files are rendered into visible form; and the following terms and conditions contained herein."


In other words, until you purchase the disc, the photos belong to Disney. After you purchase the disc, you are granted the right to use them as you wish. Later in the document, there are stipulations about using the images "commercially," but I doubt that anyone would consider a "share" to be "commercial" use.

 

[pamouselover]

OH THAT IS GREAT NEWS!!!!!!!!!!
I so happy for you all! I have been a praying, some good would come out of this all.
Let me know if you need help in any way!

ATTN: GROUP 10

Our Pictures have been restored for 15 Days!!!

Does one know a code or anything to get the cd cheaper??? I'm still waiting for the pictures to load.

Just waited to give everyone this great update!!!

 

[Mickey Fliers]

Yes. When you purchase the disc, you are granted the right to duplicate the contents of the disc. Here is a quote from the copyright jpeg file included on the CD:

"In consideration for the purchase price paid by the buyer ("Buyer") of this Photo Image Compact Disc ("CD") to Disney Photo Imaging LLC ("Seller"), Seller hereby grants, sells and coveys the following to the Buyer: (1) the compact disc media; and (2) the intellectual property rights owned by Seller or its affiliates in and to the digital image files contained on the compact disc media, subject to: any and all intellectual property rights owned by Seller and its affiliates or by any third party in and to properties displayed in or as a part of such digital image files when such files are rendered into visible form; and the following terms and conditions contained herein."


In other words, until you purchase the disc, the photos belong to Disney. After you purchase the disc, you are granted the right to use them as you wish. Later in the document, there are stipulations about using the images "commercially," but I doubt that anyone would consider a "share" to be "commercial" use.

I still think that the Photopass share is trying to "backdoor" around this one. Disney clearly states "Purchased prints and other products may not be reproduced without permission from Disney." I don't think that the copyright release contained with the disc gets around this.

Bolding mine.

 

[mom2mykids]

In the help section for the copyright policy is says for the CD that there is a limited copyright release in which you may copy the cd for personal use only (which the shares do) but when it comes to the pictures printed by photopass and photocards you do not get that copyright release.


Great news about getting the photos back on the site.

 

[glitzybabes]

Considering what angst you've gone through to resolve this, that's a pretty odd statement. Disney gave you a gift in restoring the pics; I don't think I'd be looking for anything else.

I'm not allowed to save a buck for doing a good deed after a thief stole our pictures and money. I don't think so!!! Comments like that are not needed or WANTED by people like you.

 

[twitch]

I still think that the Photopass share is trying to "backdoor" around this one. Disney clearly states "Purchased prints and other products may not be reproduced without permission from Disney." I don't think that the copyright release contained with the disc gets around this.

Bolding mine.

I disagree. The Copyright release on the CD clearly supercedes the notice on the website for those PhotoPass users who have not purchased anything.

Do you have a copy of the copyright release contained on the disc?

Here's another quote from it:

"Buyer and Seller agree that Buyer shall have the right to create duplicates of the CD, the digital image files contained on the CD, and the Photographs for personal use and to give as gifts, so long as such duplicates are not used in a commercial manner as described herein."

Perhaps "sharing" is on a gray line here, but I specifically spoke to a PhotoPass rep about the fact that I was sharing our CD with some friends... and they affirmed that as "the way to go." (Their words). Now, I know that the words of the employee don't constitute legal counsel by the company, but I 'm pretty confident that the photopass shares are within the letter (and the spirit) of the copyright release that comes with the CD.

(BTW...I think that this is far less gray than pool-hopping or mug-reusing... )

 

[CrazyFool]

So, has reproducing the discs been okayed by Disney?

As I understand the license, and as others have posted in the past, you can give copies of the CD to someone, but you cannot sell a copy of it. Someone buying the CD and making a copy for money violates the license.

Of course, some people "twist the language".

------

RIGHTS AND RESTRICTIONS CONCERNING USE: Buyer agrees that he/she shall not resell, or otherwise use in any commercial manner (i.e., use, duplicate, display in any form or fashion, whether now known or hereafter developed, for the purpose of receiving or facilitating the receipt of financial remuneration or any other consideration), the CD, the digital image files contained on the CD, or photographic prints created from the digital images contained on the CD ("Photographs"). Buyer and Seller agree that Buyer shall have the right to create duplicates of the CD, the digital image files contained on the CD, and the Photographs for personal use and to give as gifts, so long as such duplicates are not used in a commercial manner as described herein. Other than to create duplicates of the CD, the digital image files contained on the CD, and the Photographs, Buyer shall receive no right to use, and shall receive no rights or ownership interest of any type in or with respect to any intellectual property rights owned by Seller and its affiliates, or by any third party, that are displayed in or as part of any digital image file or Photograph. All intellectual property rights (including, without limitation, copyright and trademark rights) in and to properties depicted in any Photograph shall remain the property of their respective owners.

-----

 

[twitch]

ATTN: GROUP 10

Our Pictures have been restored for 15 Days!!!

Does one know a code or anything to get the cd cheaper??? I'm still waiting for the pictures to load.

Just waited to give everyone this great update!!!

Can you see if she did, in fact, order the CD?

If she did, isn't there a way to purchase a duplicate CD for much less?

 

[msmayor]

I'm not allowed to save a buck for doing a good deed after a thief stole our pictures and money. I don't think so!!! Comments like that are not needed or WANTED by people like you.

No need to get snarky; I never said or implied that you weren't allowed to save a buck. I just think that in this case, I wouldn't be wasting one minute of time trying to find a discount code for the CD. I'd get it purchased and get it in my hands so everyone can finally get their pictures.

 

[bumbershoot]

I think it's the profit part that makes things OK. If a share works correctly, it's just going in on the cost of something.

If, in this case, she made a profit, then SHE is going against their permissions.

******
Since the disc has been ordered, could you just order enough discs for everyone, at the $20 price for copies? Yeah, it's another $20 and shipping, but it might be the easiest way to get it done?

I've actually thought that THAT is the best way to have a share but not run into the oddness of copying discs...go in on the main cost, and then order a disc for each person...makes it $40 or so per person, but the hinky-feeling that some people have might be eased (I was part of a share! I don't feel hinky about it! just for the record). YOu do end up with everyone else's pictures, but like I've said before, my Sept disneyLAND group ended up with everyone else's photos and it hasn't bugged me!

Also found that her Disney Vacation Candles customers are complaining and filing complaints with the BBB

She's the candle person? Wow.

 

[aka-mad4themouse]

The copyright rules and permissions have been debated ad nauseum by a plethora of amateur attorneys here. I suggest that we limit the discussion to the subject of the swap and the details of ironing out any problems that the participants may be having. This is not the time or place for debating legalities.

 

[Mickey Fliers]

I disagree. The Copyright release on the CD clearly supercedes the notice on the website for those PhotoPass users who have not purchased anything.

Do you have a copy of the copyright release contained on the disc?

Here's another quote from it:

"Buyer and Seller agree that Buyer shall have the right to create duplicates of the CD, the digital image files contained on the CD, and the Photographs for personal use and to give as gifts, so long as such duplicates are not used in a commercial manner as described herein."


(BTW...I think that this is far less gray than pool-hopping or mug-reusing... )

I guess from that info, than yes, the sharing is the legal gray area. You can gift the reproduced CD's, you just can't sell them. So, imho, the Photopass sharing still doesn't pass legal muster.

And are you meaning to tell me that pool-hopping and mug-reusing are no-no's???

 

[gonemousin']

Can you see if she did, in fact, order the CD?

If she did, isn't there a way to purchase a duplicate CD for much less?

She did indeed order the CD. I was able to confirm that in the acct. It would be wonderful if we could just reorder a copy for $20...but I'm happy to reorder anew if we have to.

 

[gonemousin']

ATTN: GROUP 10

Our Pictures have been restored for 15 Days!!!

Does one know a code or anything to get the cd cheaper??? I'm still waiting for the pictures to load.

Just waited to give everyone this great update!!!

YAY!!! That is sooo exciting. I'll PM you - perhaps we can gather people's email addresses and take our "banter" offline.