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Apr 15, 2010

Tourism Australia wants you — and your intellectual property rights

Australia’s latest tourism campaign is all about you. And the crowd-sourced photos you're making freely available. What rights do you give up in return for helping promote Australia? Elizabeth Redman asks the experts.

Forget Lara Bingle, Australia’s latest tourism campaign is all about you. Tourism Australia is creating an online ‘mosaic’ of up to 15,000 crowd-sourced photos — but what do you have to give up in return?

12 comments

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12 thoughts on “Tourism Australia wants you — and your intellectual property rights

  1. Gavin Blue

    I doubt people who submit images for the competition are clear that their images can be used in campaigns by unrelated companies years from now and that people in the photos know the extent their likeness can go.

    It is not just the winning entries, but all entries that TA is taking the all the rights for.

    12. By entering the Promotion, Eligible Entrants acknowledge that their entry may be used by the Promoter, the Promoter’s related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter, for the Promoter’s current and future promotional and marketing purposes without further reference or compensation to them. Eligible Entrants unconditionally and irrevocably:
    (a) consent to any act or omission that would otherwise infringe any of their moral rights in their entry (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (Moral Rights); and
    (b) waive all Moral Rights in their entry that arise outside Australia.

    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.

    People are keen to participate in promoting Australia, but not to donate their images to be used by “any third party nominated by the promoter”

    This is one of the worst Terms and Conditions I have ever seen in a Competition.

    Gavin Blue
    ACMP President
    Australian Commercial and Media Photographers

    2 other articles

    http://gavinblue.com/blog/archives/736

    http://acmp.com.au/tourism-australia-nothing-like-australia-really-2/

  2. Jan Forrester

    Tourism Australia is taking advice from the legal eagles now advising major media organisations. These conditions are precisely those major media owners are now laying out in their freelance contracts. The only one missing is a prohibition on writing for a list of competitors media outlets (potential restriction of trade).
    Scenario: The blurb indicates compares one tourism venue/eatery/spa unfavourably with another they have tried. Will the entrant really understand that, under terms of the contract, what their obligations are if they are threatened with legal action? From what is included in the Crikey article Tourism Australia will take none and the writer will face all responsibility.
    I wonder if Tourism Australia is asking a savvy editor to edit content for free too. If not why not?

  3. robwalls

    Gavin Blue is right. I’ve followed these competition rights-grabbing scams for some time and Tourism Australia’s barefaced effort is the worst I’ve seen. Copyright! Where the bloody hell are ya?

    Other article here: http://tinyurl.com/y75k6zm

  4. Australian Copyright Council

    Following on from Robwalls question, “Copyright! Where the bloody hell are ya,” the Australian Copyright Council (which represents 23 of Australia’s creative industry peak bodies) agrees that Tourism Australia is out of line.

    As Gavin Blue rightly points out, the Terms and Conditions used in this competition are extreme – particularly disturbing given that Tourism Australia is a Government body.

    At the very least, the terms should be limited to a licensing arrangement, not a full assignment of copyright and waiver of moral rights for every single entrant.

    What these terms could mean, in effect, is that an entrant will have to ask Tourism Australia’s permission to make their grandmother a copy of their holiday happy snaps, or put one on their Facebook page.

  5. edcetera

    Good work bringing this to light Crikey.

    But even better work playing catch-up! This was mentioned and discussed both on my blog and on Mumbrella two weeks ago…

    http://edceterablog.blogspot.com/2010/04/theres-nothing-like.html

  6. Sandshoe

    it’s a rent-a-few-chooks scheme that a budding photographer (or more) will eventually pay for the privilege of entering to become a little sung & unpaid creative artist who eventually moves out of the family home & lives in the chook pen for their likely duration so they can rent front house out to a pack of government schmuckheads.

  7. james braund

    Sign away your family’s visual history, for use anywhere, in perpetuity – Hold me back, where the bloody hell do I sign..

  8. Smithee

    You can just see them sitting around the meeting room table as the marketing team gets excited: “We’ll run a competition, people contribute their pics, and we just give a prize for the best one. But the end result is a fantastic archive of images, with all right assigned to us !”

    “We get an image archive for almost nothing, loads of free publicity from the competition, and we make the original photographers legally liable !”

    * Chuckles and congratulations all around the table for such brilliance *

    Of course this is a marketing meeting so morals and ethics never figure in the discussion.

  9. LacqueredStudio

    Smithee:

    Correct. Aside from the dodgy Terms & Conditions, there’s also the rank laziness of the marketing and advertising team, who’ve basically put their feet up here. Advertising creatives, instead of, you know … being creative like they’re supposed to, turn to crowd-sourcing with the ruse of hey, YOU could help create the next Tourism Australia campaign!! Job done, let’s go to lunch. Unfortunately, this sort of dereliction of creative duty is on the increase in the ad industry. Earn a fucking buck, you hacks.

  10. Gavin Blue

    The Australian Commercial Media Photographers (ACMP) and Australian Institute of Professional Photographers (AIPP) worked together through Brisbane photographer William Long to lobby Tourism Australia to change the Terms and Conditions. Tourism Australia have finally listened and the offensive conditions have been changed.

    The change was caused by the Associations working together and lobbying, serious disquiet from photographers across blogs, twitter and facebook, approaches by the Australian Copyright Council and the NAVA and a timely blog post and letter to TA by Andrew Coppin from http://www.photoartgallery.com (which has 11,000 members who are passionate about photography).

    Thanks to Tourism Australia for listening. A lesson in the power of Social Media.

    The AIPP and ACMP have a set of competition guidelines for organizations who wish to run photo competitions.

    For more info go to

    http://www.acmp.com.au
    http://www.aipp.com.au

    Gavin Blue
    ACMP President

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