A rights grab and a half

[crmcatee]

Got sent this by a mate..

http://www.carbase.biz/resources/company-news/carb...


Section 8 (don't know what happened to 7) has the following corkers.

b. You grant Carbase a worldwide, non-exclusive, transferable, royalty free right to use, copy, distribute, edit, sub-license, communicate to the public and otherwise make use of the photograph by way of any and all media. You waive any right to approve uses of the photograph prior to such use during the period of the competition.

c. You agree to reimburse Carbase reasonable expenses resulting from any third party claim arising from such parties' use of the photograph.




So not only are they basically stealing your photograph, if there's any future claims from a third party (e.g. you've sold the picture later and they complain) - they'll be looking for their costs.


Oucha..

You've got to be a fool to enter that.

[AndWhyNot]

Oof.

Shared on twitter (using the official hashtag, of course).

[creampuff]

crmcatee said:

Got sent this by a mate..

http://www.carbase.biz/resources/company-news/carb...


Section 8 (don't know what happened to 7) has the following corkers.


c. You agree to reimburse Carbase reasonable expenses resulting from any third party claim arising from such parties' use of the photograph.

fk you Carbase.

Banned.

[LongQ]

crmcatee said:

b. You grant Carbase a worldwide, non-exclusive, transferable, royalty free right to use, copy, distribute, edit, sub-license, communicate to the public and otherwise make use of the photograph by way of any and all media. You waive any right to approve uses of the photograph prior to such use during the period of the competition.

c. You agree to reimburse Carbase reasonable expenses resulting from any third party claim arising from such parties' use of the photograph.

Other than not seeing a clear definition of the "Period of the competition" (ends on 17th June?) I'm not sure there is problem.

It's not an exclusive right and does not indicate that they would be charging anyone they managed to supply the image to on a commercial basis. Given that it is, presumably, for a short competition it doesn't seem to be so negative although the prize is not exactly amazing.

I think sub-section c. just covers them for any images that may be entered having been stolen from elsewhere or without the full consent of others whose consent might be required - owner of the vehicle, people, parents of kids and so on. It reiterates, in effect, some of the risk of not following the guidance for which images and content can be put forward.


Is that so different from most similar terms?

Entries via Facebook and Twitter with a prize of 2 tickets to FoS seems unlikely to appeal to the Pro market so I don't really see the problem. What am I missing?

[crmcatee]

Just that - the T&C's don't say that their use is just for the period of the competition, it doesn't have a finish date so they're taking and using them as they wish for an indefinite period of time with the ability to sub-licence them out to others.

[JustinMinns]

LongQ said:

What am I missing?

The sub-license part?

[LongQ]

crmcatee said:

Just that - the T&C's don't say that their use is just for the period of the competition, it doesn't have a finish date so they're taking and using them as they wish for an indefinite period of time with the ability to sub-licence them out to others.

Well the finish date, one would assume, is either the final entry date/announcement of the winner or the FoS event. would be hard pushed to justify anything longer. But a clarification would be good.


If the sub-licence is not for profit and also only applies to the period of the competition I can't see the problem (in context) either. They may want to share the images for publicity purposes and do so quickly. For an unrepresented snapper with no existing knowledge of such things or a rapid response contact representation in place it makes sense. Spend a week negotiating with the entrant while he or she talks to their mates on a forum somewhere about whether he/she can make a few bob from the snap and the moment (indeed the event) may have passed by.

If it doesn't look right there is no need to enter.

We're not talking National Geographic or Sony Awards here ... are we?

[AndWhyNot]

Looks to me like the T&Cs were grabbed from more than one competition run elsewhere- like, there's talk of The Space Station at one point...

They've now tweeted to say it wasn't their intention to be very grabby and they'll look to revise the T&Cs to something less aggressive.