Budding photographers see here

[photodude]

This is a totally free contest to win yourself £100 worth of KATA EXO-12 camera bag.
http://www.photography-forums.co.uk/...ion-t1070.html

[Delta Whiskey]

I won't enter, I don't like this clause:

"by submitting your photograph to Massive Photography, you agree to grant Massive Photography, free of charge, the right to publish and the right to licence others to publish the photograph online and in all media to promote the competitions."

You're giving them the right to use your image in any way they want to promote ANY competition they or some unknown third party may run.

[Kymmy]

Yep, very bad terms & conditions, I could understand the winning pictures being used as such but not every entry

[photodude]

Originally Posted by Kymmy

Yep, very bad terms & conditions, I could understand the winning pictures being used as such but not every entry

Erm, have you read your own site terms and conditions recently?

All contributions to this site are also copyright of the site owner.

That strips (or tries to strip) every member of their right to copyright on their own material, and tries to stake an unlawful claim to copyrights. So your more at risk posting images on here, than you are anywhere else.

You're giving them the right to use your image in any way they want to promote ANY competition they or some unknown third party may run.

For the record, these are the standard T&C's of any photographic contest/competition. You go out and find me one where a copyrights waver is not in the T&C's. Difference is, this isn't hidden in small print.

And the "They" you assume are out to scam you of your rights, and publish your pics in what ever sense "they" see fit, is actually ME. So if you have a question about the T&C's ask away. The T&C's state to "promote the competitions", NOT ANY competitions, or in any way I see fit.

[Kymmy]

One big, big, big difference is the simple line

and the right to licence others to publish the photograph online

Asking people to submit to rights for you to use them on your own site is common, but not to strip away thier whole rights to decide who they licence to publish and instead substituting a licence of anywhere else you see fit.. You are basically saying that we can charge others for the right to use your picture..

as I said before very bad T&C's

[Flyboy]

But that is not the term. The term quite clearly states:

"by submitting your photograph to Massive Photography, you agree to grant Massive Photography, free of charge, the right to publish and the right to licence others to publish the photograph online and in all media to promote the competitions

Not as they see fit. I am pretty sure any lawyer will be able to assert your rights, if the the image is used for anything other than in material to promote the competition.

[Kymmy]

competitions

It's an open ended clause, not just this competition but anyones competition..

In a legal sense it's a bad choice of words that has no defined limits

@OP - As far as other sites such as this one taking copyright of any content the option is there (especially with images) to have a picture within a post yet never submit it using [IMG] tags. Only if you attach such content is it deemed a submission.

[photodude]

Your twisting the words, and only partial quoting the terms to benefit your claim. In order to promote the competitions via third party websites and media, I have to have the express permission to use the winning images on third party media. As I don't know who the winners are, everybody has to agree to this term before they enter. I'm not "basically saying that we can charge others for the right to use your picture", and nowhere do I say that. If I were to charge a third party to publish the winning images, I would have to pay royalties to the winner (FACT). They retain copyrights, and only grant me licence to publish in respect of the contest, not licence to reproduce, wave their royalties and profit from the publication. The terms also state that the photographer will need to supply their details for credits etc, should their image be published (if you read the whole terms). What I do not do, is claim I own copyright to the images posted, as this sites terms do. So if mine are "very bad" T&C's, what does that make CF's?

As stated, this is standard across 99% of all photographic contests.
Here is a quote from one of the largest photographic contests in the UK. And this generic term is used on many photographic contest sites.

you grant XXXXXX the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licenseable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed

Like I said, show me one where a waver is not in the T&C's!!!!!!!

---------- Post added at 12:51 ---------- Previous post was at 12:46 ----------

Originally Posted by Kymmy

Only if you attach such content is it deemed a submission.

Doesn't matter if it's attached. CF cannot claim copyrights on an image, just because they display it, and have a copy of it on their server. Uploading does not grant CF copyrights FACT