Ch5 Reality TV series for photographers


Jed

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Jan 19, 2002
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#2
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.
 

fotoudavid

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Mar 11, 2005
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#3
Meaning u dun get selected but all images u previously submitted belongs to them.
 

denniskee

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#4
does it means if photog use the photo commercially or sell the photo, producer's company can claim $$$ from the photog?
 

Jed

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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.
 

hongsien

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#6
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........
 

denniskee

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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).
 

Jed

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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.
 

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zac08

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Feb 21, 2005
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#9
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.
 

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kiama

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May 26, 2002
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#12
found their Facebook page, better to raise the issues here
 

Jed

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#13
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.
 

seacsub

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Jan 28, 2010
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#15
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.. :)
 

ed9119

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Mar 11, 2002
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#16
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 ?
 

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allenleonhart

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#18
Can't be... everyone here is a professional photographer and they don't allow those :bsmilie:
i'm not a professional. ;p but then again, i have almost no talent:sweat:

anyone has any idae when they gonna film?:think:
 

Jed

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#19
i'm not a professional. ;p but then again, i have almost no talent:sweat:

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