Conditions of use of my works v5.1.1.1 (2023-12-23)

Content and shortcuts

0. Definitions, intent
- 0.1. Definitions
- 0.2. Intent (for information, not part of conditions)
1. General conditions
2. Collaborations and photographees
3. Exceptions
4. Miscellaneous
5. How to mention my credits/copyrights
6. How to contact me
7. Compensations

0. Definitions, intent

0.1. definitions

Work(s): any creation or transformation; anything that may be subject to copyright law, including but not limited to photographs, videos, texts, software...
Photographee(s): the person(s) who appear on a photograph.

0.2. Intent (for information, not part of the conditions)

Most of my photography and video works are shared for free and cost a lot in time and money. You may think that getting and using a photograph from time to time doesn't cost much, but that given photograph exists because thousands other photographs have been taken, worked and stored too... Yet after summing all the micro costs, it is all too demanding to be considered as only casual "voluntary work".

However I want the "spontaneous" and "social" parts to remain something I share for free.

This "Conditions of use" text sometimes gets updates, when there are things to correct or to precise, but the idea of what I bring and what I expect in return has never really changed since the beginning.

What I bring in

Everybody gets some memories that are free for private use ... and some other pieces of arts and/or entertainment. (As I wrote with more details in Tango / F.A.Q. #"Why do you do photography/video in tango?", my first motivations are the fact that I enjoy "creating" things, then I do like it when others may enjoy it.)
Organisers get some free promotion when I shared my works. (In example, several people told me things like "I didn't know that there was a tango festival in Brussels before seeing your videos." or "I started tango after seeing photographs or videos.")
If I have the occasion to make profit out of some work that involves you, I will contact you first and offer to share that profit (not applicable if you want to buy of photo of yourself).

What I expect from you is

If you use my works to make profit, directly or indirectly, which includes any commercial, professional, promotional, "official" use, I deserve a share of that profit.
If you use my works under specific conditions (described in this document), please fulfil the conditions written on this page.

Illustration od "What is free and what is not":

1. General conditions

Note: sharing through links/URLs (i.e.: link to a YouTube video or to a Facebook album) is of course always allowed. "Usage" is when you download/copy a work and re-use it in your own work or re-upload it to a different channel/platform.

2. Collaborations and photographees

Some of my works are the results of collaborations. I always credit the people I collaborated with (whenever possible). These persons may have their own conditions regarding the use of such works. You need the agreement of all, not just one.

Sometimes, these persons let me take the decisions in this matter.

Photographees have some rights too, this page is not about those but you need to have their agreement as well. (We should evaluate if it is easier that you contact them or the I do it.)

3. Exceptions

3.1 Exclusions (to which the "Exceptions" don't apply)

The persons or organisations contained in the following list, as well as my works including them, may not benefit of any form of "Exceptions". "General conditions" as described in this document apply.(Because I cannot grant extra rights to people who denied my own rights, possibly with rude words or attitudes):

Entity (physical or moral) or group	Conditions to be removed from exclusion list
Gazetta Tango	Payment of 123,95 EUR (reproduction without agreement) + 123,95 EUR (reproduction without signature/credits) + 123,95 () , soit 371,85 EUR. Based on http://www.sofam.be/dbfiles/mfile/800/807/SAC194_2016_FR_Tarif_Sofam_WEB.pdf and I do not multiply by 1.5 and 3 only because these rules were not part of the conditions at that time.)
Claire Deville	I don't know precisely... Excuses or a constructive conversation could be a good start... Learn to respect people.... But, at this point, it seems like re-building trust would be quite complex.

3.2 Private use

Private usage is accepted, if

you credit me #How to mention my credits/copyrights.
there is no ambiguity about the fact that it is strictly private use. (Example of ambiguous situations: you regularly organise public or commercial events in your living room; you are a professional in some context but, when it suits you, you pretend not to be a professional anymore; ...)

3.3 Tango events photographs

This exception only applies to photography photographs (not videos nor texts nor photographs from completely different contexts).

As it is where I started photography:

Tango organisers and tango organisers
- may use my tango events photographs to illustrate events in the following contexts:
  - On social networks
    - Facebook (ex: Facebook Events (as in "Facebook Events" ))
    - Instagram: In pictures only. Videos not included.
    - Not on videos networks: usage on video networks like YouTube or TikTok don't benefit from this exception.
    - Others networks? Contact me and ask.
  - On some tango agenda web sites
    - milonga.be
    - tango.be:
    - Other agenda sites? Contact me and ask.
- Conditions
  If the following conditions are not met, usage does not benefit from this exception, then contact me and ask.
  - The photographs were shot at their events and relates to their events, or the photographs portray them
    - If the works portray other people than themselves, they should make sure that they have those people's agreement to use their image
  - I get credited (#How to mention my credits/copyrights)
  - I have already published the photographs (otherwise, ask me)
  - I must have access to where the photographs are used (it may be public or I must received access to it)
  - If possible, use the network's internal functions to avoid re-uploading the works (examples on Facebook "set as cover", "share")
  - I retain the right to ask them remove/change the works in case it would be necessary
  - This exception does not cover printing (flyers, posters...), web sites, newspapers articles, interview, other media...
  - They use the best possible quality source and avoid quality downgrade. I can be contacted for this (#How to contact me)
milonga.be and tango.be may use my tango photographs in articles or blog posts
- Conditions
  If the following conditions are not met, usage does not benefit from this exception, then contact me and ask.
  - I get credited (#How to mention my credits/copyrights)
  - I have already published the photographs (otherwise, ask me)
  - I must have access to where the photographs are used (it may be public or I must received access to it)
  - If possible, use the network's internal functions to avoid re-uploading the works (examples on Facebook "set as cover", "share")
  - I retain the right to ask them remove/change the works in case it would be necessary
  - This exception does not cover printing (flyers, posters...), other web sites, newspapers articles, interview, other media...
  - They use the best possible quality source and avoid quality downgrade. I can be contacted for this (#How to contact me)
  - Other web sites? It depends, contact me and ask.

3.4 Exceptions are not generalities!

If I have granted you exceptional free or cheap use of some of my works once, it does not mean that it is permanent

4. Miscellaneous

If you are not sure, feel free to ask #How to contact me.

5. How to mention my credits/copyrights

Never shorten the address to https://thomasconte.net/ unless I ask so! Pages/sections need to remain independent!

Generic context

https://thomasconte.net/photography/ needs to appear along with the works in a readable way and it should be made clear that you credit me for my work.

If what you make contains image, it should appear in the image.
If what you make contains text, it should appear in the text.
If what you make contains both, it should appear in the both.
If what you make contains sound only, it should appear in the sound.

Some suggestions:

Ph: https://thomasconte.net/photography/
Photo: https://thomasconte.net/photography/
Photo by https://thomasconte.net/photography/
Video by https://thomasconte.net/photography/
[work] by https://thomasconte.net/photography/

Tango context

https://thomasconte.net/tango/ needs to appear along with the works in a readable way and it should be made clear that you credit me for my work.

If what you make contains image, it should appear in the image.
If what you make contains text, it should appear in the text.
If what you make contains both, it should appear in the both.
If what you make contains sound only, it should appear in the sound.

Some suggestions:

Ph: https://thomasconte.net/tango/
Photo: https://thomasconte.net/tango/
Photo by https://thomasconte.net/tango/
Video by https://thomasconte.net/tango/
[work] by https://thomasconte.net/tango/

If, in the context of tango, you use one of my works on Facebook, you may also tag page: TC Tango photos, videos, etc. , but this page is obsolete and only contains works until September 2022.

6. How to contact me

To contact me, you may use this web site's contact form or any other mean you know.

7. Compensations

If these conditions are not followed, I retain that right to claim the price that I would have asked for each work in addition to compensations. (Inspired but adapted from SOFAM's http://www.sofam.be/dbfiles/mfile/800/807/SAC194_2016_FR_Tarif_Sofam_WEB.pdf )

Please note that it is not because you have removed a work after infringing rights that you did not infringe them!

Reproduction without my agreement	200% of the price I would have asked with a minimum of 123,95 EUR.
Reproduction without credits	300% of the price I would have asked to remove the signature with a minimum of 247,89 EUR.
Reproduction with a false signature	900% of the price I would have asked to remove the signature with a minimum of 1.115,55 EUR
Reproduction with unauthorised tranformation(s)	200% of the price I would have asked with a minimum of 123,95 EUR.
Reproduction without models/photographees consent	This you have to see with the models/photographees.
If I ask you to credit me and you don't do it	An extra 2% of the total per day .
If I ask you to remove some work and you don't do it	An extra 3% of the total per day .
If you use bullshit to try to avoid your obligations	Total multiplied x1.5.
If you use insults	Total multiplied x3.