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Thread: Ch5 Reality TV series for photographers

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    Default Re: Ch5 Reality TV series for photographers

    So... I went to do a bit of digging fairly sure that they would take full ownership of all images shot *during* the series. I can understand that even if I don't think it's fair to the participants. I didn't find that, although I have no doubt it will be added to your final T&Cs if you get selected.

    What I did find:

    8. All photographs and any other recordings or materials (“Applicant’s Materials”) submitted
    pursuant to this application shall be the property of the Producers who may, without further
    reference to you, use such photographs for purposes in connection with any promotion,
    marketing, publicity or obtaining sponsorship of the Program.


    (emphasis added)

    In plain English that means anything you submit to them as part of applying, now belongs to them. I can understand wanting rights to reproduce it, but to take ownership as well? For everyone who *applies*?

    I'm noticing this a fair bit in Singapore now; the requirement to allow organisers to use images for promotion etc is fair enough, but this sort of ownership grab (I've seen it elsewhere as well) is far more onerous.

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    Default Re: Ch5 Reality TV series for photographers

    Meaning u dun get selected but all images u previously submitted belongs to them.
    Eat breath LIVERPOOL!!!

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    Senior Member denniskee's Avatar
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    Default Re: Ch5 Reality TV series for photographers

    does it means if photog use the photo commercially or sell the photo, producer's company can claim $$$ from the photog?
    photography makes one sees things from all angles.

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    Default Re: Ch5 Reality TV series for photographers

    Quote Originally Posted by denniskee View Post
    does it means if photog use the photo commercially or sell the photo, producer's company can claim $$$ from the photog?
    That is open to debate, but certainly a legitimate interpretation of the clause. The key will be the interpretation of the word "photograph", and whether copyright is included within that, or if it merely pertains to the physical/electronic image. I would be inclined to suggest it includes the IP, however that is not qualified legal advice.

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    Default Re: Ch5 Reality TV series for photographers

    Anyway, they can only use it for anything related to the Program, so they can't make money out of it by sending your pic of a naked famous moviestar to the tabloids........

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    Senior Member denniskee's Avatar
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    Default Re: Ch5 Reality TV series for photographers

    Quote Originally Posted by Jed View Post
    That is open to debate, but certainly a legitimate interpretation of the clause. The key will be the interpretation of the word "photograph", and whether copyright is included within that, or if it merely pertains to the physical/electronic image. I would be inclined to suggest it includes the IP, however that is not qualified legal advice.
    wah, if thats the case, so die one what, individual how to go against corp. if they demand payment via letter (written by their legal dept).
    photography makes one sees things from all angles.

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    Default Re: Ch5 Reality TV series for photographers

    Quote Originally Posted by hongsien View Post
    Anyway, they can only use it for anything related to the Program, so they can't make money out of it by sending your pic of a naked famous moviestar to the tabloids........
    No, they may use it in connection with the Program. Which is not the same as they may only use it in connection with the Program. If full ownership including IP transfers to them then they can use it for whatever and however they wish. This includes making money from it, taking action against you if you use the image yourself, and any other similar scenarios.

    Do not confuse the usual requirement for the organisers to reproduce the image in relation to the competition/program. Frequently these will also explicitly state that commerical sales will revert to the photographer.

    For an example of a less onerous set of terms, view for example the British Wildlife Photography Awards Terms & Conditions, specifically points 16 through to 20.

    There is no mention anywhere about taking ownership of the photographs. With a good legal case you could argue they are only taking possession of the physical/electronic image, but there is a pretty good legal case to argue that they are taking possession of the image, including the IP.

    If that's the case, then they do not at any stage have to restrict themselves to use in connection with the Program at all. Read the wording of the statement about use in conjunction with the Program; it does not at any stage preclude other use.

    Contrast that very strongly with the terms set out in the BWPA for example.
    Last edited by Jed; 7th August 2010 at 01:49 AM.

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    Senior Member zac08's Avatar
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    Default Re: Ch5 Reality TV series for photographers

    One more line from them... right almost at the end :

    28. For the avoidance of doubt, any and all of your contributions in and to the Program, including
    but not limited to all photographs
    that you took for the purposes of the Program and any and all
    products and/or results of your participation in the Program (your “contribution”) shall vest and
    belong to the Producers solely and absolutely.
    In the event that your contribution is of an
    intangible nature, you shall ensure and procure that all necessary and applicable rights,
    clearances, licenses, waivers and/or assignments relating to, arising from and/or pursuant to your
    contribution are obtained for the purposes herein. You hereby waive irrevocably in respect of your
    contribution to the Program any and all “moral rights” which you may have now or in the future
    including but without limitation any of your rights under the Act or any similar laws of any
    jurisdiction and acknowledge the Producers’ right to use your contribution, name, likeness and
    voice and any of your biographical details, photographs and recordings separately from or in
    conjunction with the Program or the sponsorship thereof in all media and formats throughout the
    Universe including, but not by way of limitation on the Program, related websites
    or other online
    media and in advertising, publicity, sponsorship and exploitation material.
    Last edited by zac08; 7th August 2010 at 02:15 AM.
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    Senior Member denniskee's Avatar
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    Default Re: Ch5 Reality TV series for photographers

    sorry, english no power, what means

    "including but not limited to all photographs"?
    photography makes one sees things from all angles.

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    Senior Member zac08's Avatar
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    Default Re: Ch5 Reality TV series for photographers

    Quote Originally Posted by denniskee View Post
    sorry, english no power, what means

    "including but not limited to all photographs"?
    Any contributions.. such as acts, speeches, anything recorded...
    Michael Lim
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    Default Re: Ch5 Reality TV series for photographers

    found their Facebook page, better to raise the issues here

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    Default Re: Ch5 Reality TV series for photographers

    Quote Originally Posted by zac08 View Post
    One more line from them... right almost at the end :
    Hmm I didn't see that, can't remember why now. But like I said in my original post, term 28 is more understandable and I can live with that even if it's not a feel good term. I did as I pointed out originally, expect to see term 28 just I didn't spot it initially.

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    Default Re: Ch5 Reality TV series for photographers

    Quote Originally Posted by kiama View Post
    found their Facebook page, better to raise the issues here
    Maybe I'm being thick again, but I can't seem to post; and the cynic in me isn't all that surprised given there are no posts.

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    Default Re: Ch5 Reality TV series for photographers

    Hiya don't join lor. Might as well all photographers send in pics of ourselves candidly, photoshop cun-cun, let them use for ownership. hehe

    if winning the 20000 dollars amounts to buying more gear is more favorable. Then by all means be used for that keep sake.

    just my two cents..

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    Default Re: Ch5 Reality TV series for photographers

    IF they'd offered the $20,000 with a jobs/attachments or an opportunity to work with a top advertising or media outfit ..... then the prize and OPPORTUNITIES after the show will be interesting

    WONDER IF ANY CS'ER WILL END UP ON THE SHOW ?
    Last edited by ed9119; 7th August 2010 at 06:25 AM.
    shaddap and just shoot .... up close
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    Default Re: Ch5 Reality TV series for photographers

    Quote Originally Posted by ed9119 View Post
    WONDER IF ANY CS'ER WILL END UP ON THE SHOW ?
    Can't be... everyone here is a professional photographer and they don't allow those

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    Default Re: Ch5 Reality TV series for photographers

    Quote Originally Posted by Jed View Post
    Can't be... everyone here is a professional photographer and they don't allow those
    i'm not a professional. but then again, i have almost no talent

    anyone has any idae when they gonna film?

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    Default Re: Ch5 Reality TV series for photographers

    Quote Originally Posted by allenleonhart View Post
    i'm not a professional. but then again, i have almost no talent

    anyone has any idae when they gonna film?
    Probably those dates in October when they said you need to be free and available for filming?

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    Default Re: Ch5 Reality TV series for photographers

    Quote Originally Posted by Jed View Post
    Probably those dates in October when they said you need to be free and available for filming?
    BASKET. must be 18 years old.

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