Photo Attorney

May 3, 2009

Taking More Than Their Fair Share

The problem continues. More companies are taking more rights than are needed to run their photo contests.

Ryan Dlugosz reports on The Krohn Conservatory and Cincinnati.Com/NKY.com's Butterfly Show Photo Contest where the rules provide that:

By entering the Contest, each contestant grants to Sponsor an exclusive, royalty-free and irrevocable right and license to publish, print, edit or otherwise use the contestant's submitted entry, in whole or in part, for any purpose and in any manner or media (including, without limitation, the Internet) throughout the world in perpetuity, and to license others to do so, all without limitation or further compensation. Each contestant further agrees that if his/her entry is selected by Sponsor as the winning entry, he/she will sign any additional license or release that Sponsor may require, and will not publicly perform or display his or her submission without the express permission of Sponsor.

The prize in exchange for this license? "The top three vote getters will receive four tickets to the 2009 Butterfly Show and a $25 gas gift card."

AMD is sponsoring a video contest and a photo contest to celebrate its 40th Anniversary. Entering either contest means that you agree lose your copyright and waive other rights, as follows:

8. SPONSOR'S RIGHTS TO ENTRIES: By submitting a Video Entry and/or Photo Entry, each entrant:

a. Irrevocably grants to the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Video Entry and/or Photo Entry as-is or as-edited (with or without using the entrant's name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the entrant or any other party.
b. Forever waives any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor’s use of the Video Entry and/or Photo Entry, or require the entrant's permission for the Sponsor to use the Video Entry and/or Photo Entry.
c. Agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the Video Entry and/or Photo Entry, or any derivative works, infringes any of the entrant's rights as creator of the Video Entry and/or Photo Entry including, without limitation, copyrights, trademark rights, and moral rights.

Thanks to Ryan Dlugosz and Ryan Britton for submitting these topics.