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April 29, 2010: The Australian Institute of Professional Photography (AIPP) has successfully lobbied the Australian Tourism Commission (ATC) to amend the terms and conditions of its current ø¢â‚¬ËœNothing Like Australia‘ competition.
Previously, the original terms and conditions of the competition severely restricted the rights of photographers who entered. This meant that they were putting themselves at risk by merely entering the competition. Competitions watchdog for the AIPP, Mr William Long says, ø¢â‚¬ËœIn Australia, we are seeing an increasing number of photography competitions being used to source imagery for commercial purposes. This dilutes the professional photographic industry but also severely jeopardises the rights of enthusiast amateur photographers who are unaware of the stringent terms and conditions associated with their entry.’
The AIPP united with the ACMP to commence lobbying the ATC just over two weeks ago. As a result, the following terms and conditions for the competition are changed as follows:
Original:
11. By entering the Promotion, Eligible Entrants absolutely and unconditionally assign (and agree to use their best endeavours to procure any relevant third parties to absolutely and unconditionally assign) to the Promoter all right, title and interest in all intellectual property rights in their entry, including ownership of intellectual property rights in any photograph that forms part of an entry.
Changed to:
11. By entering the Promotion, Eligible Entrants grant Tourism Australia a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferrable licence to use, reproduce, publish, modify, adapt, distribute, store, run, display, creative derivative works from, cause to be seen or heard and communicate to the public the entry (or including the photograph and text that forms part of the entry) in all media.
In addition, and most significantly, the original Clause below has been omitted from the Terms and Conditions:
45. Entrants agree and acknowledge that all entries and any intellectual property rights subsisting in their entries become and remain the property of the Promoter.
Additional information can be found at www.aipp.com.au.
Footnote: Photo Review Australia cautions all photographers who enter competitions that require images to be supplied to read the terms and conditions carefully and avoid competitions that require photographers to relinquish their long-term rights to the images they produce.
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