Dodgy Competition T&Cs

[Nacnud]

I was passed a link to a photographic competition it was thought I might like to enter.

I may be reading this wrong, but do the T&Cs really say that I will both give up any future claim to the image copyright and indemnify them for any losses resulting from them using the image – the image I no longer own!

Can this really be legal?
[quote=Competition T&Cs]In consideration of the promoter making the competition available to you, you hereby irrevocably and unconditionally (i) grant to the promoter and its assignees and licensees all consents which are or may be required under Part II of the Copyright, Designs and Patents Act 1988 and any statutory modifications or re-enactment thereof for the exploitation of the Entry, through the universe, in perpetuity, by any and all means and in any and all media now or hereafter known or devised; (ii) assign to the promoter free of all charges, encumbrances and rights exercisable by third parties and, without prejudice to the foregoing, with full title guarantee and where the assignment is of copyright or performers' property rights, by way of an assignment of present and future copyright or performers' property rights, all right, title and interest of whatsoever nature (including, without limitation, all copyright and performers' property rights) throughout the universe, whether vested or contingent, in and to the Entry, for the promoter to hold the same absolutely for the full period of those rights wherever subsisting or acquired, including all renewals, reversions, revivals and extensions and thereafter (insofar as may be or become possible) in perpetuity; and (iii) waive in perpetuity in respect of the Entry the benefits of any provision of law known as moral rights or any similar law in any country. You warrant and represent that your Entry is original to you and not obscene or defamatory and that you have the right to grant the consents and assign the rights expressed to be granted in this clause 7, free from encumbrances and third party rights You agree to indemnify the promoter from and against any loss, claim, liability, damage, action or cause of action brought against promoter by a third party and arising from or related to any material contained within the Entry, or a breach by you of the foregoing warranty and representation.[/quote]

[crmcatee]

Not the latest Shell Movement competition is it ?


It's a rights grab.

Edited by crmcatee on Monday 19th March 17:33

[Nacnud]

Here's the link.
None of the links to Sony or MSN are competition specific.
The feedback page appears to be general MSN feedback.
Perhaps it is more 'Powered by MSN' rather than 'Promoted by MSN'.

There appears to be no way to contact the organisers, the feedback page says "DO NOT EXPECT A REPLY"

Only glimmer of hope is buried in the T&Cs.
It says the promoter is Microsoft Limited, Thames Valley Park, Reading RG6 1WG, UK.
Smalls distinctly fishy to me!

[Nacnud]

Had a look at the Shell thingy - there's a good summary here.
Sure, Shell could do better; but they are saints compared to the MSN competition.
The Shell rules:
- Photographer gets to keep the copyright
- Photographer will get credited with the image
- Photographer is not liable for use of the image

[poah]

these compitions are a way of companies to get free images. the rules basically say they can use it for anything and you'll not get paid.

[stuart b]

Here's another. This time I posted up objections to the Ts and Cs. The editorial staff (many of whom are pro photographers) seem unaware. I suspect (from personal experience in other fields) that these cases are often overzealous lawayers being instructed by others who don't understand or take the trouble to read the Ts and Cs that are delivered to them. It doesn't excuse it of course.

www.thinkcamera.com/forum/forummessages.asp?URN=2&UTN=488&SP=&V=1

Stuart

[trackdemon]

poah said:

these compitions are a way of companies to get free images. the rules basically say they can use it for anything and you'll not get paid.

^^^ Wot e said ^^^

Cheap b@st@ards

[stuart b]

Worth an update. I flagged the issue in the case above (ThinkCamera) to them and to their credit they have responded by updating their Ts & Cs for competitions to something much more reasonable (i.e. something which I think most people would be happy with).

So it might be worth dropping a line next time you see one of these. In this case it's a photography related site run by some pro photographers so pushing against an open door to some extent. Suspect the BBC or Shell might be a bit harder to crack.

www.thinkcamera.com/forum/forummessages.asp?URN=2&UTN=488&SP=&V=1