Health Promotion Board Digital Competition 2005

[Mocha]

Chill out guy. Give PSS and HPB a break. I suggest we move the discussion somewhere else. Start a new thread and discuss.

As for PSS, they have their code and regulations. If the pros and advance amatures want their interest looked after, maybe these people could come together and form a association (Pro Photographer's Society of SG?) to look after their interest, bread and butter. The members should pay a fee and have their own lawyer to look into all legal matters. I believe the voice would be stronger then.

 

[fotoudavid]

I'm not PSS Steven Yee, but just my humble view (which should not be taken as authoritative and Mr Yee should confirm or deny).

The answer is in Clause 7. The Photographer will have to indemnify HPB Promotion Board and its associates (whatever this may mean) from and against any claim, demand or action by a third party and is liable to pay all cost and expenses (including reasonable attorney's fees and related costs of litigation) suffered or incurred by HPB or associates in connection with such claim, demand or action.

The only condition is tha the claim MUST be based on a claim that the Photographer's work violates, infringes or misappropriates any copyright and/or intellectual property rights of such third party.

I just want Mr. Steven Yee to say it here, cos he say then got power mah, anyway thks, but, in simple english, alot ppl here don't read profound sentences......

 

[yqt]

Read the T&Cs again and again and again, still puzzle, if there is anyone competeing, do let me know, i wanna let him or her know: you good lar, i admit defeat, like that also join, wo su le ( i lose liao)................:thumbsup:

To PSS Mr. Steven Yee:

If some one took a very good pic, the image got big impact on our society, everyones loves it, the photographer got famous, HPB very please, then suddenly, the third party which appear in the photo sue HPB, can you let me know what will the photographer bear?

Alot of ppl out there don't read good english, and i am sure that your answer here will made ppl read the T&Cs more carefully, or consult other ppl who commands better english.

Bear in mind that this is a open forum. Be careful on what you post here.

Regards
Smurfman

According to the T&Cs the photographer will have to bear all the cost that HPB incur on a " Without Limitation " basis. In other words, from what I understand, all cost for the lawyer, court fees, damage,or action. So if HPB spend $100K to print posters, brochers, newspaper ad, etc and the court issue an order to stop all usage, the photographer will bear the $100k plus the cost of the recall at least.

Can someone give a personnal opinion as to if my reading of T&C no.7 is correct? Just a personnal opinion will do as I have a feeling HPB and PSS will not comment.

 

[vince123123]

I have the same feeling too

Anyway, my humble view is that Clause 7 as it stands seems intended to only cover costs associated with defending the claim or paying off the claimant. I dont think that the S$100k was intended to be covered by the indemnity.

That said, it is POSSIBLE, (well anything is possible) that "all costs and expenses" suffered by HPB "in connection with such claim, demand and action" MAY be argued to cover your S$100k.

According to the T&Cs the photographer will have to bear all the cost that HPB incur on a " Without Limitation " basis. In other words, from what I understand, all cost for the lawyer, court fees, damage,or action. So if HPB spend $100K to print posters, brochers, newspaper ad, etc and the court issue an order to stop all usage, the photographer will bear the $100k plus the cost of the recall at least.

Can someone give a personnal opinion as to if my reading of T&C no.7 is correct? Just a personnal opinion will do as I have a feeling HPB and PSS will not comment.

 

[fotoudavid]

According to the T&Cs the photographer will have to bear all the cost that HPB incur on a " Without Limitation " basis. In other words, from what I understand, all cost for the lawyer, court fees, damage,or action. So if HPB spend $100K to print posters, brochers, newspaper ad, etc and the court issue an order to stop all usage, the photographer will bear the $100k plus the cost of the recall at least.

Can someone give a personnal opinion as to if my reading of T&C no.7 is correct? Just a personnal opinion will do as I have a feeling HPB and PSS will not comment.

I just want Mr. Steven Yee to reply my question, i know alot of ppl can understand, but, if Mr. Steven Yee say the above like yours, i don't know what will happen man........ better don't see.

 

[yqt]

I have the same feeling too

Anyway, my humble view is that Clause 7 as it stands seems intended to only cover costs associated with defending the claim or paying off the claimant. I dont think that the S$100k was intended to be covered by the indemnity.

That said, it is POSSIBLE, (well anything is possible) that "all costs and expenses" suffered by HPB "in connection with such claim, demand and action" MAY be argued to cover your S$100k.

That's what I though as well. The key words here is " in connection with such claim,demand and action.

 

[vince123123]

Well then we'll just have to wait for him to come in again.

I just want Mr. Steven Yee to reply my question, i know alot of ppl can understand, but, if Mr. Steven Yee say the above like yours, i don't know what will happen man........ better don't see.

 

[fotoudavid]

By the way, i got nothing against Mr. Steven Yee.

I respect him.

 

[yqt]

Have to go now. I'll check in tomorrow to see if HPB or PSS have replied.
Just got a funny feeling that they'll not comment and hope all of this die down. Or worst, HPB/PSS will call the mods to close down or even delete this thread.

 

[fotoudavid]

Have to go now. I'll check in tomorrow to see if HPB or PSS have replied.
Just got a funny feeling that they'll not comment and hope all of this die down. Or worst, HPB/PSS will call the mods to close down or even delete this thread.

They won't do that, they will say case by case basics if anything happen. also, they will say must get the third party to agreed and sign on any form as safe guard.

 

[reachme2003]

seems like hpb has an aggressive legal department. looks like one of those 'big eats small' type of legal documentation.

 

[fotoudavid]

we argue like siao here, and ppl behind are laughing all the way, i mean to the bank.

 

[eikin]

i'm so disappointed with PSS, why can't other representatives come in to answer yqt's questions? why must wait for Steven to get connection in India? PSS not only one man show right? :dunno:

 

[catchlights]

I read, I understand............I listen, I comprehend.

In life, we are blessed with choice...........if we like something we go for it, else we just stay away

Yes, we can always chose to stay away, but isn't good also if we can tell people to beware about something, right?

 

[catchlights]

Chill out guy. Give PSS and HPB a break. I suggest we move the discussion somewhere else. Start a new thread and discuss.

As for PSS, they have their code and regulations. If the pros and advance amatures want their interest looked after, maybe these people could come together and form a association (Pro Photographer's Society of SG?) to look after their interest, bread and butter. The members should pay a fee and have their own lawyer to look into all legal matters. I believe the voice would be stronger then.

I think you get the wrong picture here, this is noting to do with Pro or Amateurs, please don’t get things mix up.

This is about the term & condition in this competition, many people may not read the T&C before they partake the competition, and somebody here is kind enough pointed it out which is very unfair to photographers

If you think this is not an issue to you and wish to partake, please go ahead, nobody will stop you for partake this competition.

If you understand the seriousness of the issue and choose to remind silent, nobody will know and blame you.

If somebody here understand about this issue and try to warn other fellow photographers about this, don’t they deserve some kind of respects?

 

[fotoudavid]

correct man, if some newbies like me fall into this trap, and ask pss or hpb to help, then find out i got left alone to face the crisis, how man? how man? i don't have $100k to settle the case man.;(

 

[jetspeed818]

If I am not wrong, HPB pay PSS certain amount of $$ to be co-organiser. This also applies to all other photo competitions PSS is involved in.

Their market rate is like 7k?? according to a STB source.

 

[fotoudavid]

1 last sentences b4 i sleep:

There is never a win win situation here, so if statements by yqt and others are correct, pls, PSS, do some thing abt it.
If HPB and PSS thinks the statements are wrong, DO CLARIFY.


If nothings being done, Then PSS, sigh........................wat a dissappointment.

PSS, like that also can, do you guys wanna see photography in singapore being laugh as "Need images, go singapore, held competition, get tons of images, save lots of $$$, and the best part, the ppl there very funny, singapore very own photography club help us to expoilt those guys who participate, very funny, and the club never even read the T&Cs"

Hope i don't sound too harsh, cos cannot swallow it, read it again the T&Cs make me boils;(

 

[eikin]

1 last sentences b4 i sleep:

There is never a win win situation here, so if statements by yqt and others are correct, pls, PSS, do some thing abt it.
If HPB and PSS thinks the statements are wrong, DO CLARIFY.


If nothings being done, Then PSS, sigh........................wat a dissappointment.

PSS, like that also can, do you guys wanna see photography in singapore being laugh as "Need images, go singapore, held competition, get tons of images, save lots of $$$, and the best part, the ppl there very funny, singapore very own photography club help us to expoilt those guys who participate, very funny, and the club never even read the T&Cs"

Hope i don't sound too harsh, cos cannot swallow it, read it again the T&Cs make me boils;(

i cannot agree more ;(

 

[fotoudavid]

If I am not wrong, HPB pay PSS certain amount of $$ to be co-organiser. This also applies to all other photo competitions PSS is involved in.

Their market rate is like 7k?? according to a STB source.

Guess got to wait 4 Mr. Steven Yee to response:think: , but where are the rest beside him???