Tag Archives: copyright grab

Copyright! Where the bloody hell are ya?

Tourism Australia in photo copyright rights grab

In lock-step conformity with all the other intellectual property bandits around the world, Tourism Australia makes the by now, traditional rights grab in conjunction with their new “There’s Nothing Like Australia” photography competition.

(From the terms and conditions of entry)

11. By entering the Promotion, Eligible Entrants absolutely and unconditionally assign (and agree to use their best endeavours to procure any relevant third parties to absolutely and unconditionally assign) to the Promoter all right, title and interest in all intellectual property rights in their entry, including ownership of intellectual property rights in any photograph that forms part of an entry.

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.

Why someone doesn’t warn them about the amount of ill-will and bad PR this will generate in the photographic community, before the terms and conditions are published, astonishes me. In order for them to have unlimited use of a picture, there is absolutely no need for them to grab the copyright. Ownership and use of a picture can be sliced and diced in any number of ways without them wresting ownership from the author. Wake up Tourism Australia! Sense of fairplay? Where the bloody hell are ya?

UPDATE: If you wish to express your opinion of the Terms and Conditions of this competition you can do so by going to: http://nothinglikeaustralia.com

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