Photo Attorney

May 30, 2009

Rights Grabs Continue - Now Includes Kindle Blogs

The rights grabs continue for these contests and even for publishing your blog through Amazon Kindle:

Costco Photo Contest: "10. Entrant confirms and promises that entry is original and does not infringe the intellectual property rights of any third party. By participating, entrant agrees that ownership of the entry and all intellectual property rights in the entry is assigned to Costco, and will do all things necessary to give effect to that assignment."

Boston.com-Share Your Travel Adventures: "By submitting your photo(s) to Boston.com, you agree that such photo(s) and the accompanying information will become the property of Boston.com and you grant Boston.com permission to publicly display and use the photographs in any form or media for any and all purposes."

Boston.com's Four Elements Photo Contest: "By submitting your photo to Boston.com, you agree that such photo and the accompanying information will become the property of Boston.com and you grant Boston.com, The Boston Globe, Boston Metro and their sublicensees permission to publicly display, reproduce and use the videos in any form or media for any and (all editorial and related promotional purposes) purposes."

Fodor's Show Us Your Maryland Photo Contest: "7. LICENSE AND WARRANTIES: By entering this contest, entrants grant to sponsor and its licensees and assigns, a royalty-free, non-exclusive, worldwide right to copy, crop, edit, publish, display, distribute, sublicense or otherwise use their photographs for the full term of copyright thereof, in connection with the publication or display of sponsor's travel-related content, in all languages and all media, whether now known or hereinafter devised, including without limitation on the Internet, on mobile platforms and/or devices and on the cover or in the interior of sponsor's travel guides, and in the advertising, publicity and promotion thereof. . . . Entrants understand and acknowledge that they will not have any right of approval over the use of the photographs and will not receive any compensation as a result of any use of the photographs by sponsor."

Nature Conservancy Annual Photo Contest Rules: "By entering the contest, you hereby grant to The Nature Conservancy (i) a nonexclusive, worldwide, irrevocable, royalty-free license to reproduce, distribute, publicly display and publicly perform the photographs you submit to The Nature Conservancy . . . ."

Face of Smashbox Contest: "5(B) GRANTS/WAIVERS: By uploading a Submission, you irrevocably grant Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional, unlimited and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use, reuse, or not use your Submission or any portion of your Submission. . . in this Promotion in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from you. . . . YOU REPRESENT, UNDERSTAND AND ACKNOWLEDGE THAT YOU WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR (OTHER THAN ANY PRIZE THAT MAY BE AWARDED TO A WINNER. You hereby waive all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude Sponsor’s use of your respective Submission and agree not to sue or assert any claim against Sponsor & Others arising out of or connected to the use of the Submission or your participation in this Promotion. ). (C) INDEMNIFICATION/RELEASE: You further agree to indemnify and hold Sponsor & Others harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of them due to or arising out of your Submission, or your conduct in creating a Submission or any portion thereof or other actions in connection with this Promotion, including but not limited to claims for trademark infringement, copyright infringement; work product, violation of an individual's right of publicity or right of privacy; or defamation. You further agree to release and hold harmless Sponsor & Others from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes your rights with regard to the Submission or any portion thereof."

And for those of you who are thinking about posting your blog through Kindle, the Silicon Valley IP Licensing Law Blog and Edward Champion's Reluctant Habits blog report on the terms to which you must agree to distribute your blog through Kindle. You may want to check their posts before checking the Amazon "Agreement to Terms" box.

Thanks to Thomas Di Nardo, Mary Ann Melton, Dave Murphy, and Karman Lee for submitting these alerts.