Unfair T&C’s on Ellesse Photo Competition
July 28, 2010
A competition being run by Ellesse is grabbing the rights of all who enter for their own gain.
How many of those who have entered this competition so far have actually read the T&C’s? How many of them actually understand what it is that is happening to them and with their images? In short they are all being ripped off!
The “Sport and The City” is the latest part of the competition and has been brought to my attention, as well as other photographers, and needs to be brought to the attention of the public.
Clause 9 of the T&C’s states:
“Ellesse shall own the entire copyright and all other rights in and to all of the Entries to the Competition. By entering the Competition, entrants irrevocably grant and assign to Ellesse all rights in their Entries and agree specifically to Ellesse’s unrestricted use of the same for Ellesse’s own purposes in all activities including, without limitation, marketing, promotion, distribution and sale worldwide as Ellesse sees fit, without any further payment or acknowledgement to the entrants. All copyright, intellectual property rights and all other proprietary rights related to the Entries whether now known or in the future created shall vest in Ellesse which it shall be solely entitled to register or otherwise protect at its own expense. By entering this Competition, you irrevocably assign to Ellesse all right, title and interest in and to all such intellectual property rights. You will co-operate fully in obtaining such registrations or other protection and shall execute such documents as Ellesse requires in order to give effect to this paragraph.”
Hopefully pressure will be put on Ellesse to change these unfair conditions of entry and put an end to their rights grabbing strategy of getting free images to use in marketing and re-licensing to others and making a small fortune off the back of others who have put in the work in good faith.
This is damaging an already struggling photographic industry and must be stopped. Every time something like this rears it’s ugly head there is an army of people around the world ready to take action. They have taken on giant corporations who have gone before and successfully got them to change their T&C’s to be fair or brought the end to an unfair competition that exploits the public and photographers alike. Be assured everything possible will be done to stop Ellesse from continuing with this totally unfair competition.
Watch this space!