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2008 06 29 Canon Fan Foto

 

Canon Fan Foto ends 29 June 2008Image

The Rules of this Contest

Listed below are extracts from the rules of this competition. These extracts detail the rights being claimed from entrants.

"7. If you upload content:

(a) you are applying to enter the Competition. Before uploading Content, you should read the Rules carefully. If you do not want or are not eligible to enter the Competition, do not supply an Image; and

b) you are agreeing that:

(i) UEFA and Canon are automatically granted a five year, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable licence to copy, display, modify, publish, translate and otherwise use that Content, in whole or in part, on the Website in connection with the Competition and future versions of the Competition(which is held every four years); and

(ii) UEFA and Canon have the right to use your name in connection with the use or publication of the Content on the Website.

If UEFA or Canon wish to use your Content for a purpose outside the scope of this Clause 7, UEFA or Canon will seek your consent."

"19. In addition to Clauses 7, 8 and 9 of these Terms and Conditions, should you win any prize by submitting Content, you agree to grant or procure to grant to both UEFA and Canon a non-exclusive licence which is perpetual, irrevocable, worldwide and royalty-free to copy, display, modify and publish the Content for internal and external usein connection with the Competition and future versions of the Competition(which is held every four years); and . You acknowledge and accept that UEFA and Canon may ask you to execute a document setting out the foregoing in writing.

If UEFA or Canon wish to use your Content for a purpose outside the scope of this Clause 19, UEFA or Canon will seek your consent."

"21. All details of the prizes and in particular the terms of their attribution and use will be provided by notification to the winners. No interest will be paid on any prize. Prizes may not be transferred without the prior written consent of UEFA. Participants cannot request a cash alternative or substitution of the prize. UEFA, at its sole discretion, reserves the right to substitute a prize of greater or equal value in particular if any prize cannot be awarded as described due to unavailability. Prize winners may be required, as a condition of winning and redeeming a prize, to sign a liability release and/or a publicity release and/or any applicable forms requested by any authority. Failure to do so may result in disqualification and forfeiture of the stated prize."

"28. You consent to the use of your name and any Content supplied by you or on your behalf to UEFA, without compensation, for advertising, trade and publicity purposes linked strictly to the Website."

Results of Testing the Rules

Listed below are the results of the tests we carried out on this competition's rules. The tests are all based on the standards set out in The Bill of Rights. By adopting these standards competition organisers can create competition rules that meet the needs of organisers and are fair and respectful to the rights of entrants. For each test a result is given which can be Pass of Fail. Competitions that pass all these tests go on The Rights On List, those that don't go on The Rights Off List.

If the rules are vague and we cannot determine whether the rules pass a particular test or not the result is shown as Unclear.  Where a test is not necessary the result is shown as N/A.

Click on any result below for more information about that specific test.

1 Copyright & Moral Rights 

  • Pass, All photographers entering the contest retain their copyright
  • Pass, The contest does not require any entrants to waive moral rights
  • Fail, A credit is always given to the photographer when the image is published
  • Fail, All the documents that must be completed by each entrant to participate in or win a contest are shown

2 Free Usage Durations Claimed

3 Commercial Usage Rights Claimed

  • Fail, Commercial usage is rights managed & time limited as per The Bill of Rights
  • Pass, Entrants are not required to sign commercial usage licenses

4 Declarations

  • Pass, The organisations that acquire rights are all named
  • Fail, This (or last) years Judges are named along with brief bio details

5 Contest End Date

  • Pass, The contest end date is within 16 months of the contest being announced

Conclusions

This contest fails The Bill of Rights because -

  • There is no statement limiting the duration of free usage for winning photos as per The Bill of Rights
  • Commercial usage is made of the photos but there is no time limited rights managed agreement to license and limit such usage
  • The rules do not state that the photos will always be credited
  • The organisations that get rights to use the photos are not all listed
  • The judges are not listed

For non winning images of this contest Canon and UEFA grant themselves a five year usage term of all non-winning images for this competition and future versions of the Competition. It is not clear what this means. It could mean that on every occurence of the competition the five year license is revived by Canon and UEFA, and given that the contest occurs every 4 years this would amount to perpetual usage. This is not the first time we have criticised rules drafted for a Canon contest for being imprecise.

For non-winners this would mean although you can continue to license your image non-exclusively, you will lose the right to exclusively license your image for a period of time that depends on how you read the rules.

For winning images the situation is clearer, Canon and UEFA grant themselves the right to use the images forever, so although you can still license your image non-exclusively, you lose for ever the right to license your image exclusively.

Moving on to what they wish to use the images for they only say the use will be "in connection with the competition". This is an imprecise definition failing the Bill of Rights which requires a statement saying that free usage is restricted to "solely and exclusively promoting the competition". Such imprecise definitions of usage can permit wide interpretations by the organiser who can use the images for trade purposes under the guise of promoting the competition.

The rules say that Canon & UEFA "will seek your consent." for uses outwith the usages mentioned in the rules, but fail to say that such use will be subject to a non-exclusive rights managed contract not exceeding five years.

The competition website states that "Photos should be football-themed, capturing the passionate spirit of football fans."

Pro-Imaging call this type of contest a Commission Contest. It enables a large number of photographers to be 'commissioned' for a specific purpose without having to incur the cost of actually paying any photographer. It also has the advantage to the organiser of being supplied with a large number of images free to use without any license restrictions and at very little cost.

This contest is not recommended. 

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Organisations - Canon, UEFA, Getty Images  

Judges - Public voting in phase 1. Phase 2 winners are selected "by a Getty Images judge". In Phase 3 the overall winner is selected by Getty Images.

Contact - Send enquiries and views about this contest to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , and to Getty Images.

 

Image 

© 2008 Pro-Imaging; Last updated on 11 June 2008

The above text may be reproduced providing the Pro-Imaging copyright notice is displayed with a link to the Pro-Imaging website.

Text reproduced above in quotes has been extracted from the competition website for the purposes of review in this report.

NB. If the competition rules are changed after updated date shown above it is the competition organisers responsibility to notify Pro-Imaging of changes made.
 
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