Basically you have given away 60 of your best images to Tourism Australia and any other third party that Tourism Australia would like to give the images to.

The terms and conditions have been changed so now you can still actually use the images. The previous outrageous terms and conditions didn’t even allow you to use your own images.

It is very interesting that TA didn’t check that the child was model released. The T&C do say that basically you are liable if anything arises.

This is a ridiculous situation that Tourism Australia has created.

I just checked out the State and Territory finalists and as I am not one of them I am wondering if I have given 60 of my best images away for nothing. When you say the T&C have been changed so that Tourism Australia no longer own the rights to images but instead have a non-exclusive worldwide licence to use them, does this mean I can sell my own images on postcards?

“Copyright: Photographers retain copyright in their photographs. However submission of an entry gives to the New South Wales Parliament and the organising committee permission without any fee to exhibit the finalists’ works at the New South Wales Parliament and at any other venue within New South Wales to which the exhibition is transferred during the 12 months after the closing date for entries. Submission of an entry also gives the New South Wales Parliament and the organising committee a non-exclusive, perpetual, irrevocable permission to reproduce finalists’ photographs without fee and without payment to any featured person for the purposes of marketing and promoting the competition, the exhibition, and any future New South Wales Parliamentary Photographic Prize or similar competition. This permission extends to publication and reproduction for the above purposes in the media, on catalogues, posters, postcards, publications, on the internet (including on the competition website and the Parliamentary website), in any New South Wales Parliamentary publication, and in any other publications (printed or digital) including newspapers, magazines and journals. Where possible, photographers will receive credits with each use.”

Another blogger is chasing up in response to it. His thoughts/enquiries can be found here:

http://gtvone.com/2010/06/17/nsw-parliamentary-plein-air-photographic-prize/

Today there is a 4 page advertising feature for Tourism Australia using the images from the Nothing Like Australia Campaign.

There are girls in bikinis, children, plenty of adults, aboriginals, national parks and private properties. Are they all model released?

G

There may be a large portion of these images which were shot before the TA promotion, and thus would not address the issues of an image being gripped by this commercial campaign.

Photographers who have not obtained the relative release documentation where applicable, for the content of the image leave themselves open to possible legal action down the track. TA should not allow their campaign to expose inexperienced photographers to this situation and should test the waters on many of the images as to compliance.

There is no doubt that all of the finally accepted images will be incorporated in to one massive photo bank for continual use by TA and other parties while generating a fee income to TA.

Gavin – to clarify what you said. The major changes are that you retain the copyright if you enter. Thats a point of principle I put to them representing both photographic associations. Sure I would have preferred that TA had moved a bit further and accepted the normally acceptable Photo Comp Terms and Conditions, that all finalists and winners would grant a non exclusive licence to TA. Instead all entrants have to accept that by entering that they grant TA a non exclusive licence. Personally I see that as disappointing, but still a step in the right direction.

And its a shame that an organisation as important as TA feel the need to depend on such overwhelmingly unfair T&C to produce a campaign. Clearly money wasnt an issue here as the amount of entries although is approaching 30,000; that amount in dollars is probably just a few of the celebrity appearance fee, or less than a month of just one tv channels media advertising costs.

So in some ways, I believe that common sense has prevailed, and by working together, not just associations and their representatives, but vast numbers of enthusiasts from forums, clubs and individually have all supported the communications and negotiations with TA.

Tourism Australia changed the T&C from a rights grab to a non-exclusive worldwide licence in perpetuity with the bonus of being able to pass the images on to third parties.

The major change is you are able to use your own prints. I don’t think that is the biggest of victories.

Thanks Kirk for your comment.

Yes the promoter does need such clauses to protect itself while it is building a free photolibrary while pretending to run a competition.

G