civilized ku # 1172-74 / picture window # 44 ~ 2 odd things - 1 good, 1 not so good
Wednesday, November 2, 2011 at 08:24AM 
Mirror Lake / High Peaks ~ View from room / Mirror Lake Inn / Lake Placid, NY - in the Adirondack PARK • click to embiggen
picture window ~ Mirror Lake Inn / Lake Placid, NY - in the Adirondack PARK • click to embiggen
Tissue ~ Mirror Lake Inn / Lake Placid, NY - in the Adirondack PARK • click to embiggen
Lobby/main floor ~ Mirror Lake Inn / Lake Placid, NY - in the Adirondack PARK • click to embiggenDuring our recent stay at the Mirror lake Inn in Lake Placid, the wife encountered an odd (but good) situation. After arriving at the inn for the North County Chamber of Commerce / Plattsburgh retreat (she's on the Board), she was so taken by our room that she called me and suggested we stay a 2nd night just to relax. Seemed like a no-brainer so, of course, I said "yes".
oddity # 1 Off she went to the registration desk to check on availability and rate. There was no problem with an extra night but the room rate was $380.00US. That rate is not out of our league but the wife must have expressed some reservation (take that, Jimmi Nuffin) because the clerk (reservation assistant?) immediately informed her the rate would be different if she took the "Rise & Shine" breakfast-included package.
"How much is that?", the wife asked. "$250.00US", was the reply.
That's another no-brainer. I mean, which one would you take - pay more $$$ for less or get more for less $$$? She decided to go with the less ($$$) is more option. A somewhat odd situation but a good one nevertheless.
oddity # 2 Some of you may have noticed there was a single comment left on civilized ku # 1163-68 - wherein I posted a few pictures of and mentioned our stay at the Mirror Lake Inn - by "Kate" (no linked provided) which read:
FYI: If you have more photos from your stay at the Mirror Lake Inn, consider entering their photo contest. It ends in a few days...
My immediate reaction to the comment was that "Kate" was employee of or sub-contractor to the MLI rather than a Landscapist regular. I could be wrong but there are those whose job it is to track web mentions of their name (or client's name) - business or personal - in part, looking to nip negative comments in the bud. Or, as might be the case here, to amplify/expand upon good or favorable comments or just keep tabs on what's goin' 'round. All of this in the name of protecting their image. Nothing wrong with that.
However, when I followed the link "Kate" left for the MLI photo contest, I eventually encountered this item:
Go to our Flickr group page and upload up to ten high resolution images. (my emphasis)
Hmmmm ... every online photo contest I am aware of never asks for hi-res images. However, it all became clear when I encountered the following little ditty in the Official rules:
The Mirror lake Inn reserves all rights of use of the images submitted by the entrants.
JFC, another sorry attempt to steal photo rights from unsuspecting amateurs. Not just the winners, but each and every sucker who enters the contest. Shame on the Mirror Lake Inn.
That said, I used the word "attempt" to describe the MLI's rights grab because it's highly doubtful this "Official rules" boilerplate will stand up in a court of law.
To wit, back in the 70s (or there about) as pro picture makers were beginning to zealously protect their rights ownership against ad agency's attempt to usurp them by putting rights grab boilerplate on the back of their purchase orders*, a number of court cases affirmed and reaffirmed the fact that no rights are transferred unless otherwise agreed to under a separate rights transfer agreement (signed by both parties).
Now, I'm not a lawyer but the simple fact remains that no reputable photo contest demands a picture maker to give up all rights to their work. Some contests ask for the right to use the winners' pictures - not every pictures submitted - for some specified use. Most commonly, that use is very defined and limited to very specific uses.
Asking for all rights from everyone is, quite simply, wrong.
caveat: it should be understood that the wife and I enjoyed our stay at the MLI. It's a first rate establishment and it is very likely we will return for another (or 2 or 3) visit in the future and I am in no way suggesting that anyone should not strongly consider the MLI if they are visiting Lake Placid. That said, it should be understood that I will not be entering pictures in their photo contest and would strongly suggest to everyone else to do the likewise.
*the boilerplate conditions usually stated that the picture maker, by the mere act of accepting the PO and any compensation mentioned therein, gave all rights (and ownership) of a photo (or photos) described therein to the issuing agency. This is much akin to the MLI's boilerplate which essentially states that by the mere act of entering the photo contest, you award them all rights to any picture you submit.
gravitas et nugalis
Featured Comment: Jimmi Nuffin ( no link provided) wrote: "Hey...!!!"
my response: Hah...!!!
Reader Comments (3)
My immediate reaction to the comment was that "Kate" was employee of or sub-contractor to the MLI rather than a Landscapist regular.
That was my reaction too, and I assumed the same as you that they were looking for an inexpensive way to gather photos for promotion of their establishment. I am sure most amateurs would be trilled to see their photos up on their website or brochures without compensation (or award). But it does seem like a sneaky way to bulk up the MLI stock image library.
We were at this establishment last year around Christmas time and it is really very nice... a bit pricey, but there are other options in LP that are even more expensive. It is a magical place when covered in fresh snow with the holiday lights aglow.
HEY…!!!
Hi Mark! Glad you enjoyed your stay at the MLI. We are currently reviewing our processes for the photo contest, and will take into account your concerns. We try to make it easy and accessible for entrants,by messaging them if they have photos, and haven't entered them. As for asking for high-quality images, that is because winners' photos will be used in brochures and other promotional materials, as stated in our rules, and it is easier to assess the quality of the images in larger formats. We simply want a chance to show others the MLI experience from guests' perspective,but we'll make some changes if that's not how it is perceived! Thanks for your feedback, and we'll take it into consideration for next year's contest! Feel free to send an email to me if you have further comments! Kate [at] inphorminc.com.