or

Here’s a nice competition, woo, you get to win a camera. I could do with one of those.
It’s got a catchy title: Science: So what? So everything.
Could be good. It’s backed by the government, that staunch defender of our rights (Eh?Ed) It’s getting interesting.
They’ve got a pretty website. They even have a sweet write up:

“Can your story inspire a nation to embrace science?

To enter the competition and have the chance of winning our fantastic prize, submit your photograph representing life-changing science, along with your personal story of what science has done for you” etc..to infinity or thereabouts.

Ok, ok, where do I enter? Well, I’m not, and nor should you, because the greedy fools running the comp want this:

“By entering, all entrants licence News International, the Department for Innovation, Business and Skills, and their authorised representatives, a worldwide, irrevocable, royalty-free licence to publish and use each entry (including all images and text submitted by the entrant as part of the entry process) in any and all media (including, without limitation, print and online) in perpetuity.”

Blinkin’ dirty digger’s managed to tunnel his way in there you note. Slippery as a greased mole.

Name and shame them here, and join the facebook funfest here.
Wee bit of context.

UPDATE:
“Frank” has replied, inadequately:

Hi David
Apologies it’s taken me a while to response, but I’ve finally spoken to our lawyers here at SSW central to get to the bottom of this.

By entering, the photographer grants a non-excludive licence i.e. they still hold the copyright to any image submitted in the competition, and can use the image as they please.

With the T&C we are trying to ensure that on entering, people are aware that their images COULD be published in the Sun (who are supporting the competition) and on our website. We are also trying to avoid using entries that have existing copyright restrictions, or that might change during the course of the competition (which is why that scary word ‘perpetuity’ is in there).

Obviously, SSW and the Sun are unlikely to use the images other than for this competition, and my understanding is that the ‘world wide’ and ‘any and all media’ part is simply umbrella terms to make sure we’re not breaching the licence grantd by the photographer if the images appear on our website or the Sun’s media.

If you have any more concerns then please add them here or drop me a line via the website and I’ll do my best to help!

8 responses to “Scruples: So what? So everything.”

  1. Frank says:

    Hi David
    Apologies it’s taken me a while to response, but I’ve finally spoken to our lawyers here at SSW central to get to the bottom of this.

    By entering, the photographer grants a non-excludive licence i.e. they still hold the copyright to any image submitted in the competition, and can use the image as they please.

    With the T&C we are trying to ensure that on entering, people are aware that their images COULD be published in the Sun (who are supporting the competition) and on our website. We are also trying to avoid using entries that have existing copyright restrictions, or that might change during the course of the competition (which is why that scary word ‘perpetuity’ is in there).

    Obviously, SSW and the Sun are unlikely to use the images other than for this competition, and my understanding is that the ‘world wide’ and ‘any and all media’ part is simply umbrella terms to make sure we’re not breaching the licence grantd by the photographer if the images appear on our website or the Sun’s media.

    If you have any more concerns then please add them here or drop me a line via the website and I’ll do my best to help!

  2. Frank says:

    Yikes, sorry for the typos, it’s been a long day.

  3. davidwhite says:

    Well, Frank, thanks for the reply. Genuinely appreciated. You do not need those t and c’s to run this competition. Your terms allow any further use, including commercial, forever. Absolutely not necessary if we are to believe your reasons. Unless, of course, you want to exploit those images at a later date. I urge you to point your lawyers here:
    http://www.pro-imaging.org/content/view/135/154/

    Just because the image creator’s copyright has not been taken does not mean this is ok. News International are basically building a free to use image library at the photographers’ expense. You could achieve everything you want without the restrictive t and c’s. You would also earn a lot of respect for changing them, as have many competition organisers of late. You would also get many more entries. Islamic Relief are running a photo comp at the mo….run a search on here to find out more. Initially their terms were very similar to yours…purely due to ignorance, not greed….but after it was pointed out to them that they could achieve what they wanted, and more, by amending their t and c’s, they did, and everyone is happy. You need to do the same. It really is not acceptable for anyone to run a photo comp this way, least of all one backed by the government.

    You do not need such restrictive terms if all you are trying to do is allow use of the winning images one time in the Sun and on your web site..that is fine. Just state that in the T and C’s. Simple, really simple.

    Your ‘copyright restrictions’ line is. I’m afraid, nonsense. If you want to avoid using images with ‘copyright restrictions’..(whatever they may be, and I really don’t know…cos I’ve never heard of them)…then don’t allow them to be entered. Same with images whose restrictions may change during the competition course. Nonsense. Your lawyers are feeding you a line on that one.

    I have to say that you appear to have been very badly advised, and/or fobbed off by your lawyers.

    Please point all your colleagues to the above link about how to run a photo comp without appearing to try to rip everyone off.
    I look forward to your amended terms and conditions.

  4. davidwhite says:

    Ok, Because I know how hard it is to click on links, especially for lawyers, here is ALL the info Frank needs to proceed with the comp in a fair manner whilst ensuring everyone’s (including Frank’s) needs are met:
    This is from the Pro-Imaging link above:

    +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
    The bill of rights for photography competitions:

    Introduction

    If you are unfamiliar with the meaning of terms such as rights, copyright, intellectual property, and moral rights you will find it helpful to read the Introduction to Rights and Licensing before reading the Bill of Rights.

    The Bill of Rights for Photography Contests campaign was devised towards the end of 2007 and launched in March 2008. It is a response to those photography contests which have the intention of claiming perpetual and irrevocable usage rights of the submitted entries, even in some cases copyrights and waiving of moral rights.

    The World Intellectual Property Organization defines the purpose of copyright and related rights as follows-

    The purpose of copyright and related rights is twofold: to encourage a dynamic creative culture, while returning value to creators so that they can lead a dignified economic existence, and to provide widespread, affordable access to content for the public.

    Rights grabbing seeks to take advantage of a dynamic creative culture without returning value to creators and therefore the practice of rights grabbing is unethical.

    Not all contests do this, but those that do are in effect exploiting entrants, seeking to remove legal rights from them, rights that are automatically granted by the law of all countries to their citizens in order that creative people can make a living from their creativity. Creativity is a very valuable commodity and the majority of the business world and publicly funded bodies have an endless need for it. Unfortunately some prefer to obtain it for nothing through devices such as photo competitions with ‘rights grabbing’ terms and conditions; this is an unethical practice that is indefensible.

    We believe that the spirit of the law should be respected for everyone. Therefore in 2007 we set out to devise a set of standards that photography contest organisers could use to draft contest rules that would respect the creator’s rights. These standards would allow the organiser to use the images to promote the contest, the photographs, and the photographer, and certain usages to defray costs or create profit, all time limited so that when the time period expired the creator had full and exclusive rights to their images returned to them.

    We call this set of standards The Bill of Rights for Photography Competitions. During their development discussion took place with other photographic associations and photographic competition organisers. This extensive liaison took place to ensure the creation of a set of workable and practical standards that at the same time prevented exploitation of the entrants by respecting both their rights and their creativity.

    Later in this section you will find a complete listing of the Bill of Rights for Photography Competitions.

    How the Bill of Rights Campaign Works

    We receive notifications from photographers and Bill of Rights Supporters around the world identifying organisations that run photography competitions. Sometimes competition organisers contact us direct for advice or information. When we are notified of a contest with rules that comply with or exceed the standards set out in the Bill of Rights we promote the contest on the Rights On List.

    Unfortunately many contests are brought to our attention with rules that do not comply with all the standards set out in the Bill of Rights. In these cases an entry is made in the Rights Off List for the organisation that is promoting this contest. If you click on the organisations name in the Rights Off List you will see all the contests they promote that we have been notified of. They are all contests with rules failing to comply with the standards set out in the Bill of Rights.

    We also contact organisations and invite them to become Bill of Rights Supporters. We explain that the benefits of being a Bill of Rights supporter are –

    The company is promoted worldwide via the Bill of Rights Supporters List.

    Each photographic contest organised by the company is promoted worldwide via the Rights On List.

    A supporter is granted the right to use the Bill of Rights logo to promote their organisation and photography competitions. The logo is shown at the bottom of this page and full details of the concepts considered during the design of this logo can be read on the Bill of Rights Logo page.

    There is no fee to be paid in order to be a member of the Bill of Rights Supporters group. In return a Bill of Rights Supporter agrees only to organise or sponsor photographic contests that meet all the standards set out in the Bill of Rights for Photography Competitions and that the rules of their contests are clear and unambiguous with regard to meeting these standards.

    We hope that the invitation we send will enable a dialogue to take place culminating in the organisation concerned agreeing to become a Bill of Rights Supporter. Any discussions we have with the organisation concerned are in the strictest confidence and will never be revealed. If after 2-3 weeks we have had no reply to the invitation a subsequent invitation will be issued.

    Ultimately, if an organisation either declines the invitation, or ignores it, we will report in the Rights Off entry for that organisation whether the invitation was ultimately declined, or just ignored. However, we never report the content of any discussions we have had with an organisation.

    The door is always held open and we hope that perhaps in future the organisation may review its decision and decide that being a Bill of Rights Supporter is a good thing, good to promote its organisation, good to promote its photography competitions, good for the creative community, and good to be part of a process that aims to raise respect for the rights of creative people. If they do they will be welcomed to the group and their organisation and future photography contests promoted.

    Appeals for Images by Commercial Organisations

    There are businesses which appeal for images to be submitted to them in order that they may exploit the images in some way, say by publishing a book. There are no prizes involved nor any negotiated remuneration on offer to those who supply the images. Instead, the organisers will claim that their use of the image will provide the person granting them use of it free publicity which will help them get ‘noticed’. In some cases those responding to the appeal for images are actually asked to pay a fee to have their image included in a book.

    Such a practice is viewed as exploitation of those who submit images in response to the appeal, and although not a contest the practice is still subject the Bill of Rights. It is viewed as a contest with no prizes and will simply be judged according to the Bill of Rights standards.
    Entrants Responsibility not to Infringe the Rights of Others

    It is possible for entrants to your contest to submit photos that –

    May not be their own

    May contain recognisable images of people

    May contain images of recognizable property

    May contain trademarks

    May contains images of commercial products

    Promoting your competition by publishing such images without the appropriate permissions could result in legal action being taken against you and having to meet substantial costs.

    To avoid the burden of such costs falling on your organisation you should declare in your terms and conditions that entrants are fully responsible for ensuring that the photographs they submit do not infringe the rights of others, and that they will be responsible for meeting the costs of any claims brought against you by third parties in respect of images the entrant has submitted.

    Listed below are example terms and conditions setting out your requirements with regard to the rights status of the submitted images, and the permissions that entrants must have for specific types of image –

    1 Copyright and Permissions

    1.1 By submitting images to this contest you confirm that for each image submitted –
    You alone are the author of your image and that it is your original work,

    You are the sole copyright holder,

    You have not licensed any rights in the image that conflict with the usage rights required by Organization Name,

    You have the permission of any persons in the image, or if they are under 16, the consent of their parent or guardian, to grant the usage rights required by Organization Name,

    You have permission from the owners of property shown in the image to grant the usage rights required by Organization Name,

    That it does not include trademarks, contract rights, or any other intellectual property rights of any other third person or entity,

    That it does not contain names, likenesses, or other characteristics identifying celebrities or other public figures, living or dead,

    That it has not been a winning or shortlisted entry in any other competition,

    You will be responsible for any claim made by any third party in respect of Your entry and to fully indemnify Organisation Name and its sponsors in respect of all royalties, fees and any other monies owing to any person or entity by reason of Your breaching any of the foregoing.

    1.2 Organisation Name reserves the right, in its sole discretion, to disqualify any entry that does not comply with any of the above, even after the entry is submitted on the competition website.
    Entrants Responsibility to submit Acceptable Content

    You should define in the terms and conditions what you consider to be unacceptable content in the submitted images, for example pornographic material. The sample terms and conditions below set out the usual criteria for defining unacceptable content –

    2 Unacceptable Content

    2.1 Organisation Name reserves the right, in its sole discretion, to disqualify any entry –
    That contains personally identifiable visual information about You or any other person,

    That contains threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content,

    That contains any material that could constitute or encourage conduct which would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

    2.2 You agree to fully indemnify Organisation Name and its sponsors in respect of all costs owing to any person or entity arising by reason of Your breaching any of the foregoing.

    Defining the Rights You Need

    Respecting the Photographers Rights

    Clearly there will be some variation in the rights an organisers needs depending on how a contest is being promoted and the usages required. The sample terms and conditions given in this part cover all the usages permitted by the Bill of Rights for Photography Competitions and therefore may include usage rights that you do not require. You can omit those terms and conditions concerning rights that you do not require.

    Usually competition terms and conditions that define the rights needed by the organiser begin with a statement to re-assure the entrant that their copyright is respected and that the organiser does not make any claim on the entrants copyright for the submitted images. A statement should also be included to state that when the entrants photograph is published it will always be credited. For example –

    3. Your Copyright and Moral Rights
    Organisation Name respects photographers rights and does not claim copyright for images You submit to this contest, You will retain full copyright in each entry.

    In addition your moral rights are respected. Whenever Your image is published by Organisation Name (and its partners) You will be credited. Failure to publish a credit due to error or oversight shall not be deemed a breach of this condition.

    Moral Rights

    You may see statements in some contests requiring entrants to waive their moral rights. Such a statement is prohibited by the Bill of Rights for Photography Competitions and should not be used.

    We are aware that there is no specific provision in, for example, U.S. copyright law with regard to moral rights (as set out in the Berne Convention), however it is claimed in the U.S. that other provisions within U.S. law provide similar protection.

    However, the Bill of Rights for Photography Competitions takes its lead from the Berne Convention and stands on the principle that moral rights will be respected in competitions worldwide regardless of the presence or absence of specific legislation regarding these moral rights in individual countries.

    Two of the important moral rights considered in this section are the right to be credited and the right to object to derogatory treatment of one’s work. The right to be credited is explicitly dealt with in the sample terms and conditions at 3.2 above.

    With regard to objecting to derogatory treatment it is sometimes proposed by an organiser’s legal counsel that a ‘waive moral rights’ statement be added as a way of ensuring that entrants are unable to bring an action against the organiser for say, cropping a photo. Far be it from us to criticise legal counsel, who after all are only trying to protect their client, as they should, but the use of such a statement only brings a contest into disrepute amongst photographers, photographers are less likely to enter it, and it is likely to generate negative publicity for the organiser. All unwelcome and unecessary outcomes.

    Requesting that moral rights be waived is unnecessary providing the organiser is clear in the terms and conditions about the rights they need. One of the rights they may need is the right to crop a photograph to make it fit to some pre-defined layout on a website, to use it in a collage, publish it on a card and so on. It is unlikely that as an organiser you would wish to crop a photo to such an extent that the entrant who submitted it would feel that it is derogatory treatment of their image. To spoil the appearance of an image by excessive cropping is not in the competitions interest, the contest is best promoted by displaying the images sympathetically and as the photographer would expect.

    Defining the Rights You Need

    The rights needed by a contest organisers are usually presented as a list as the sample terms and conditions below illustrate, each list item defining one of the rights needed. Note that paragraph 4.2 below specifies the period of time that the rights are required for. The Bill of Rights permits a maximum period of five years but choose the shortest period of time appropriate to the usage rights you need.

    4. Use of Images

    4.1 By entering this contest You agree agree that any (winning or shortlisted) image You submit may be used by Organisation Name (and its partners) solely for marketing and promotional purposes of this contest or future contests and no other purpose, these uses include;

    judging the competition,
    displaying the entries on the competition website (and websites of partners),
    displaying the entries at public exhibitions to promote the competition,
    displaying the entries in a book, magazine or similar,
    publishing the entries on posters to promote the competition,
    publishing the entries on postcards to promote the competition,
    publishing the entries on a calendar to promote the competition,
    cropping and re-sizing the image as necessary to fit pre-defined formats to promote the competition,
    sub-licensing the entries to the press for reproduction in connection with the competition and any related exhibition,
    inclusion within any materials promoting the competition or any exhibition of images from this competition organized by Organization Name
    4.2 You hereby grant Organization Name a non-exclusive, irrevocable licence in each Entry throughout the world in all media for the uses described in 4.1 above for years following the date of announcement of the winners.

    4.3 You acknowledge Your responsibility for protecting your Entry against image misuse by third parties, by for example, but not limited to, the insertion of a watermark. Organization Name and its Partners can assume no responsibility and are not liable for any image misuse.

    4.4 Should any image uses beyond those needed to promote the contest arise You will be contacted and given the opportunity to negotiate any such usage with the parties concerned independently of the competition.

    Notes on the Use of Images Terms & Conditions

    In paragraph 4.1 above note the optional phrase winning or shortlisted. You should include this phrase if you intend only to use the winning or shortlisted entries to promote the competition.

    In paragraph 4.2 insert the number of years that you intend to use the images the images for. The Bill of Rights for Photography Competitions permits up to a maximum of five years usage, choose the shortest time period appropriate to your promotional needs.

    The list of uses given under paragraph 4.1 above are typical of the common usages. Delete those uses you don’t need. Add any other uses you do need providing such uses are solely to promote the competition.

    Paragraph 4.4 makes clear that any uses beyond those needed solely to promote the contest are to be negotiated with the photographer independently of the competition.

    Defining the Rights You Need

    Respecting the Photographers Rights

    Clearly there will be some variation in the rights an organisers needs depending on how a contest is being promoted and the usages required. The sample terms and conditions given in this part cover all the usages permitted by the Bill of Rights for Photography Competitions and therefore may include usage rights that you do not require. You can omit those terms and conditions concerning rights that you do not require.

    Usually competition terms and conditions that define the rights needed by the organiser begin with a statement to re-assure the entrant that their copyright is respected and that the organiser does not make any claim on the entrants copyright for the submitted images. A statement should also be included to state that when the entrants photograph is published it will always be credited. For example –

    3. Your Copyright and Moral Rights
    Organisation Name respects photographers rights and does not claim copyright for images You submit to this contest, You will retain full copyright in each entry.

    In addition your moral rights are respected. Whenever Your image is published by Organisation Name (and its partners) You will be credited. Failure to publish a credit due to error or oversight shall not be deemed a breach of this condition.

    Moral Rights

    You may see statements in some contests requiring entrants to waive their moral rights. Such a statement is prohibited by the Bill of Rights for Photography Competitions and should not be used.

    We are aware that there is no specific provision in, for example, U.S. copyright law with regard to moral rights (as set out in the Berne Convention), however it is claimed in the U.S. that other provisions within U.S. law provide similar protection.

    However, the Bill of Rights for Photography Competitions takes its lead from the Berne Convention and stands on the principle that moral rights will be respected in competitions worldwide regardless of the presence or absence of specific legislation regarding these moral rights in individual countries.

    Two of the important moral rights considered in this section are the right to be credited and the right to object to derogatory treatment of one’s work. The right to be credited is explicitly dealt with in the sample terms and conditions at 3.2 above.

    With regard to objecting to derogatory treatment it is sometimes proposed by an organiser’s legal counsel that a ‘waive moral rights’ statement be added as a way of ensuring that entrants are unable to bring an action against the organiser for say, cropping a photo. Far be it from us to criticise legal counsel, who after all are only trying to protect their client, as they should, but the use of such a statement only brings a contest into disrepute amongst photographers, photographers are less likely to enter it, and it is likely to generate negative publicity for the organiser. All unwelcome and unecessary outcomes.

    Requesting that moral rights be waived is unnecessary providing the organiser is clear in the terms and conditions about the rights they need. One of the rights they may need is the right to crop a photograph to make it fit to some pre-defined layout on a website, to use it in a collage, publish it on a card and so on. It is unlikely that as an organiser you would wish to crop a photo to such an extent that the entrant who submitted it would feel that it is derogatory treatment of their image. To spoil the appearance of an image by excessive cropping is not in the competitions interest, the contest is best promoted by displaying the images sympathetically and as the photographer would expect.

    Defining the Rights You Need

    The rights needed by a contest organisers are usually presented as a list as the sample terms and conditions below illustrate, each list item defining one of the rights needed. Note that paragraph 4.2 below specifies the period of time that the rights are required for. The Bill of Rights permits a maximum period of five years but choose the shortest period of time appropriate to the usage rights you need.

    4. Use of Images

    4.1 By entering this contest You agree agree that any (winning or shortlisted) image You submit may be used by Organisation Name (and its partners) solely for marketing and promotional purposes of this contest or future contests and no other purpose, these uses include;

    judging the competition,
    displaying the entries on the competition website (and websites of partners),
    displaying the entries at public exhibitions to promote the competition,
    displaying the entries in a book, magazine or similar,
    publishing the entries on posters to promote the competition,
    publishing the entries on postcards to promote the competition,
    publishing the entries on a calendar to promote the competition,
    cropping and re-sizing the image as necessary to fit pre-defined formats to promote the competition,
    sub-licensing the entries to the press for reproduction in connection with the competition and any related exhibition,
    inclusion within any materials promoting the competition or any exhibition of images from this competition organized by Organization Name
    4.2 You hereby grant Organization Name a non-exclusive, irrevocable licence in each Entry throughout the world in all media for the uses described in 4.1 above for years following the date of announcement of the winners.

    4.3 You acknowledge Your responsibility for protecting your Entry against image misuse by third parties, by for example, but not limited to, the insertion of a watermark. Organization Name and its Partners can assume no responsibility and are not liable for any image misuse.

    4.4 Should any image uses beyond those needed to promote the contest arise You will be contacted and given the opportunity to negotiate any such usage with the parties concerned independently of the competition.

    Notes on the Use of Images Terms & Conditions

    In paragraph 4.1 above note the optional phrase winning or shortlisted. You should include this phrase if you intend only to use the winning or shortlisted entries to promote the competition.

    In paragraph 4.2 insert the number of years that you intend to use the images the images for. The Bill of Rights for Photography Competitions permits up to a maximum of five years usage, choose the shortest time period appropriate to your promotional needs.

    The list of uses given under paragraph 4.1 above are typical of the common usages. Delete those uses you don’t need. Add any other uses you do need providing such uses are solely to promote the competition.

    Paragraph 4.4 makes clear that any uses beyond those needed solely to promote the contest are to be negotiated with the photographer independently of the competition.

  5. Frank says:

    Hi everyone
    I can assure you I do exist! Sorry for not getting back to you sooner – things are taking a little longer than I expected. Thanks to the information posted here we’ve been able to draft a new set of terms and conditions that will better reflect the aims of the competition and how the images will be used. Once these are signed off by the legal team they’ll replace the existing T&Cs. Thanks for you patience, and for raising this issue.
    Best
    Frank

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