Due to pressure applied from all directions, it looks like Tourism Australia have had second thoughts about their photo competition copyright grab. A half hour ago this email arrived in my inbox.
We wanted to let you know that we’ve made a couple of changes to the terms and conditions of this competition. But don’t worry! We’ve actually made them better. A few other entrants have asked whether or not the terms and conditions were a bit conservative and would prevent you from being able to share, sell or reproduce your photos that you had uploaded to our site.
We thought that was a fair question, so we had another look at the terms and conditions and we’ve made a couple of changes. Those changes mean that when you entered this competition, and agreed to the terms and conditions, you have now only granted us a license to use your photo and words to promote Australia as a holiday destination both here and overseas. But you still retain your own rights over your image and words.
Thanks so much for getting involved in this great campaign to promote our country. We really appreciate it.
The Tourism Australia Team
However, as Gavin Blue, president of the ACMP points out, Tourism Australia could have done more in terms of regaining ground lost through ill-will, in changing the terms and conditions. As he rightly points out, “these agressive conditions remain”.
1. By entering the Promotion, Eligible Entrants grant Tourism Australia a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferrable licence to use, reproduce, publish, modify, adapt, distribute, store, run, display, creative derivative works from, cause to be seen or heard and communicate to the public the entry (or including the photograph and text that forms part of the entry) in all media.
12. By entering the Promotion, Eligible Entrants acknowledge that their entry may be used by the Promoter, the Promoter’s related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter, for the Promoter’s current and future promotional and marketing purposes without further reference or compensation to them. Eligible Entrants unconditionally and irrevocably:
(a) consent to any act or omission that would otherwise infringe any of their moral rights in their entry (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (Moral Rights); and
(b) waive all Moral Rights in their entry that arise outside Australia.
As Blue states at the end of his comment on Crikey.com:
“C’mon Tourism Australia, turn this into a big win for the campaign and really listen.”