Monday, November 4, 2013

Copyright Forum For Photographers






 
Copyright Forum for Photographers
30 November 2013 (Saturday), 2:00PM
Pioneer Studios, Mandaluyong City

A fee of P500 P350.00/ participant will be collected on-site during registration. All proceeds go to Typhoon Yolanda victims in the Visayas.

Speakers:

Topics to be discussed:
  • Copyright for Photographers
  • Copyright Registration Process
  • Protecting your Copyright in Social Media
  • Contracts for Photographers
  • What is Fair Use and Work for Hire
  • Economic Rights, Moral Rights, Resale Rights
  • Collective Management Organization
  • Understanding Terms of Service


Hurry! Limited slots only, REGISTER NOW!

How to got to Pioneer Studios: http://goo.gl/p6Z4NX

Special thanks to:
Pioneer Studios | Atty. Rod Vera | Karen Ocampo-Flores | Alvin Buenaventura | MetroTech Projector Rentals | LightRentalsPH | DigiPrint | ManilaPhotoWorkshop | Harvey Chua | Kat Palasi | Nathaniel Salang | AT Maculangan | Katya Guerrero | MPEM Printing

Note: 
This post will be updated.

Sunday, October 13, 2013

Portofino Photo Contest 2013

Just so you know...

"All entries must be submitted with a signed Release Form (to be given by Portofino Registration Committee on the day of shoot) indicating that the photos become property of Vista Land, which shall have the right to reproduce, exhibit, or publish images for promotional purposes without any financial compensation to the photographer."

Read complete Mechanics below (via: http://goo.gl/tGMGm4):

CONTEST MECHANICS

I. About Portofino

Portofino is an exclusive and prestigious subdivision in Daang Hari (Las PiƱas-Cavite-Alabang Road). It is a community famous for its Italian-inspired houses delicately crafted and built. Portofino boasts of a 300-hectare area as part of the master-planned Evia City. Conceptualized to be a ‘DiverCity’, Evia will be host to a rising commercial, educational, and residential life south of Manila. Catering to the selected few, Portofino offers luxurious homes that make one live the finest life possible.

II. Qualifications

The Portofino Photo Contest is open for all non-professional digital photographers.
There is no registration fee required.

III. Theme

The contest’s theme is ‘Celebrating Luxury Living at its Finest’; hence, the participants shall take photos in line with their interpretation of the theme.

IV. Registration

Send an e-mail expressing your interest to join to Jessica Dogaojo at jessica_dogaojo@brittany.com.ph before your scheduled day of shoot.

V. Schedule

The actual competition dates start on October 12, 2013 until October 27, 2013. Participants are allowed to shoot on selected areas from 9:00 A.M. until 5:00 P.M.

Participants are welcome to shoot any day within the set schedule provided that they drop by the Portofino Sales Gallery first for their I.D. and subdivision pass.

VI. Guidelines

i. The participants may visit and take photos in the following sites:
• Monte di Portofino (Portofino Heights)*
• Showcase Area – Renoir and Alessandro Model Houses (Portofino Heights)
• Michelangelo Model House (Portofino South)
Parco di Portofino (Portofino South)*
• Evia Lifestyle Center*
• Fernbrook*
Amore Clubhouse*

However, please note that contestants cannot take photos of the homeowners’ houses (Participants will be provided with maps for reference).

Also, please be reminded that only exterior shots are allowed for Monte di Portofino, Parco di Portofino, Evia Lifestyle Center, Fernbrook, and Amore Clubhouse.

ii. Only photos taken during the contest date and time shall be accepted.

iii. Each participant must submit five (5) photos with caption.

iv. Entries shall be submitted in two (2) copies using CD or DVD with a JPEG or JPG format of at least 1,600 pixels wide (if the image is horizontal) or 1,600 pixels tall (if the image is vertical) or of 300 dpi resolution.

v. Only minimal editing techniques will be allowed (e.g. cropping, minor burning, dodging and color correction, adjusting curves, levels, brightness, contrast, sharpness and color balance).

vi. All entries must be submitted with a signed Release Form (to be given by Portofino Registration Committee on the day of shoot) indicating that the photos become property of Vista Land, which shall have the right to reproduce, exhibit, or publish images for promotional purposes without any financial compensation to the photographer.

vii. Any material or elements that are not owned by the entrant/participant and/or which are subject to the rights of the third parties, and/or if any persons appear in the photograph, the entrant/participant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these rules without additional compensation. If any person appearing in any photograph is under the age of majority in their
state/province/territory of residence, the signature of a parent or legal guardian is required on each release.

VII. Winners

The decision of the judges shall be final and irrevocable. The criteria shall be:

30% --- Concept & Thematic Relevance
25% --- Composition
20% --- Technical Quality
15% --- On-site Votes
10% --- Online Votes

The photos will be exhibited at the Portofino Sales Gallery on November 2013 (for on-site voting) and will be uploaded in the Brittany Facebook Page: www.facebook.com/brittanycorporation (for online voting). The winners will be announced on the 24th of November 2013. Winners will be notified through e-mail.

VIII. Prizes

The winners shall receive:

1st Place - Php30,000
2nd Place - Php20,000
3rd Place - Php10,000

6 Consolation Prizes - Php5,000 each
Voter’s Choice - Php10,000


Tuesday, January 3, 2012

TravelTales, Inc. "Advocacy Campaign"

It seems that there are lots of contradicting rules and the haphazard manner is evident in which the TravelTales' "Advocacy Campaign" contest mechanics was drafted, please note the following clause:

7. By entering, you represent and warrant and agree that:
  • You retain ownership of the Entry(ies) you submit, however, by entering you, on behalf of yourself and any Third Party Participants, grant Contest Entities and any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest, the perpetual, fully-paid, irrevocable, non-exclusive license to publish, reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the photograph and Entry in any manner, form, or format now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Contest Entities and Contest all without further consent from or payment to you, including those Entry(ies) which were not selected.
  • By submitting an Entry, each entrant understands and grants to TravelTales, Inc.  permission for his/her Entry to be posted on traveltalesinc.com in perpetuity throughout the world for viewing by visitors to the Website. Contest Entities are not responsible for any unauthorized third party use of any Entry. Entries will not be acknowledged and will not be received or held “in confidence” and a submission does not create a confidential relationship or obligation of secrecy between you and TravelTales, Inc.  or any of its affiliates.
  • By submitting an Entry, entrant warrants and represents that he/she consents to the submission and use of the Entry in the Contest, and to its posting on traveltalesinc.com.
So join at your own risk. Or you might want to read Introduction to Rights and Licensing

Friday, April 30, 2010

Aliwan Fiesta Photo Competition

Please take note of this clause:

All entries become the property of MBC, which will have the right to reproduce, exhibit, or publish the images for promotional purposes, indicating and acknowledging the photographer whenever possible.

Source: AliwanFiesta.com


See also some related links here and here.

Monday, April 12, 2010

Philippine Star's The 'Pinas Expedition

All entries become the property of philstar.com, which will have the right to exhibit or publish the images for promotional purposes, indicating/acknowledging the photographer. philstar.com may display the prints in a public venue, or publish them for the purpose of promoting philstar.com’s I Love Philippines contest, without any financial compensation to the photographers.

Source:
http://www.philstar.com/microsite/ilovephilippinesyear3/home.html

Sunday, December 6, 2009

New Reader's Digest Contract

Got a copy of the email below and thought it would be of great benefit to the photographic community if this issue would be raised publicly.

Dear XXXX,

I thought you would be interested to know that the powers that be at Readers Digest Publishing in Australia are now forcing a new contract on photographers. We normally work with their Singapore Office and they are telling us that any assignments we accept for our photographers must be under these new terms. This includes assignments for Readers Digest magazine and Discovery Channel Magazine and presumably any other of the RD stable of publications whether put together in Australia , Singapore or elsewhere.

The agreement is one of the worst we have ever seen and we will not be able to work with RD until they change this contract. We strongly urge you not to work under these terms. We are aware that times are tough, but they will only get tougher if publishing houses get away with enforcing contracts like this.

Please feel free to disseminate this information to your photographer friends and on blogs and other discussion forums. Only when they can’t find photographers to work for them will the think about something more ethical and reasonable.

We copy below the new agreement with some opinions and comments about why it is so bad – comments are in BLUE CAPS pasted into the agreement. Please note we are not lawyers and our comments are only opinions and purely for informational purposes – it is up to you to make your own decisions as to what you feel is acceptable in a contract.

Kind regards,

Peter Charlesworth
Director
OnAsia
www.onasia.com
We Focus on Asia

Note:
Republished with permission. The comments (text in Blue) made by OnAsia are only opinions and purely for informational purposes – it is up to you to make your own decisions as to what you feel is acceptable in a contract.
======

THE CONTRACT:

DATE:

NAME OF PHOTOGRAPHER:

ADDRESS:

This contract, when executed by both parties, shall constitute an agreement between Reader’s Digest Asia Pte. Ltd. (“RDA”) and yourself with respect to certain photographs (the “Photographs”) to be created as follows:

1. You agree to deliver the Photograph(s) listed in Schedule A in compliance with the delivery date(s) set out in said Schedule.

2. You hereby grant, license, and assign to RDA, its subsidiaries, affiliates, parent company and licensees the following rights in the Photographs:

a) Exclusive worldwide rights to reproduce and publish the Photographs in any magazine, periodical or other publication as well as the right to reproduce and publish the Photographs in any Read­er’s Digest anthologies, compilations and promotional materials. AT EDITORIAL RATES THE NORM FOR ASSIGNMENTS HAS BEEN AND SHOULD CONTINUE TO BE FOR ONE TIME USE BY A SINGLE PUBLICATION UNLESS A REASONABLE FURTHER FEE HAS BEEN AGREED FOR MULTIPLE USES.

b) Exclusive rights to distribute the Photographs through the Internet, mobile phone and other commercial on-line services or through any other method or media, including without limitation, motion pictures, television programs, video programs and other audiovisual productions. IT IS OUR OPINION THAT THIS MEANS THAT NEITHER YOU (NOR YOUR AGENT) CAN RELICENSE ANY OF THE IMAGES YOU SHOOT ON THESE ASSIGNMENTS FOR TWO YEARS (SEE 4 BELOW) – EFFECTIVELY THE MAIN ‘LIFE’ OF THESE IMAGES. SO YOU WILL LOSE PRETTY MUCH ALL RESALE VALUE – ONE OF THE MAIN REASONS YOU CAN AFFORD TO TAKE ASSIGNMENTS AT LOW EDITORIAL RATES. THIS CLAUSE IS AMBIGUOUS AND IT IS OUR READING THAT YOU WOULD BE GIVING RD THE RIGHT TO MARKET AND SELL YOUR IMAGES TO ANYONE EVEN PUBLICATIONS/ CLIENTS OUTSIDE OF RD FOR ANY USE INCLUDING ADVERTISING WITH NO FURTHER REMUNERATION TO YOU.

c) The right to archive the Photographs in any manner, method or media, now or hereafter known.

3. You agree that RDA may modify the size or other elements of the Photographs, which it shall do with care.

4. RDA shall have the exclusive right set out in section 2 herien, for a period of 24 months which shall commence from the date of publication of the photos and thereafter the rights set out in secton 2 shall be read as non -exclusive for an indefinite period. EVEN AFTER THE TWO YEARS RD CAN CONTINUE TO LICENSE (SELL) YOUR IMAGES IN PERPETUITY WITH NO REMUNERATION TO YOU.

5. You warrant that you have the full power to grant such rights set out in Section 2 herein, that the Photographs are original, and do not infringe any copyright or other rights of any third party, or contain any matter that is libelous or otherwise in contravention of the law. BE VERY CAREFUL WHEN SIGNING A CLAUSE LIKE THIS, IT IS OUR OPINION THAT IF YOU ARE SHOOTING AN ASSIGNMENT FOR A CLIENT, THEN IT IS UP TO THE PUBLISHER TO SATISFY THEMSELVES THAT THE IMAGES DO NOT INFRINGE ON ANY RIGHTS. NOT MANY PHOTOGRAPHERS CAN AFFORD TO DEFEND THEMSELVES AND THIS ONE SIDED CLAUSE MIGHT OPEN THE DOOR TO AN ACTION AGAINST THE PHOTOGRAPHER SHOULD THE MAGAZINE END UP USING AN IMAGE IN A LIBELOUS MANNER ESPECIALLY AS THEY CAN, WE BELIEVE, SELL THE IMAGES TO OTHER CLIENTS AND LOSE ANY CONTROL OVER HOW THE IMAGES MAY BE USED.

6. In consideration of the rights granted hereunder, upon acceptance of the Photographs at our sole discretion, RDA will pay you the sum set out in Schedule A. SHOULD RD OFFER YOU CORPORATE STYLE RATES FOR THE ADDITIONAL RIGHTS THEY ARE DEMANDING ABOVE (RIGHTS THAT WE BELIEVE ARE WAY IN EXCESS OF MOST CORPORATE ASSIGNMENTS WHICH NORMALLY DO NOT CARRY RESALE RIGHTS) THEN FOR SOME PHOTOGRAPHERS THIS MAY BE WORTH SIGNING. BUT IT IS OUR UNDERSTANDING THAT ANY RATE INCREASE FOR THEIR ASSIGNMENTS WILL BE MINUMAL, CERTAINLY WILL NOT APPROACH ANYTHING LIKE THE VALUE OF WHAT THEY ARE DEMANDING IN THIS AGREEMENT.

7. If the Photographs are not accepted because the article that they illustrate has been cancelled, RDA will pay you a kill fee representing up to fifty percent (50%) of the due amount for the Photographs as set out in Schedule A. THIS CLAUSE ALONE MAKES THIS CONTRACT COMPLETELY UNACCEPTABLE IN OUR OPINION – THEY CAN SIMPLY DECIDE NOT TO RUN A STORY AND ONLY PAY YOU 50% - THEY DO NOT EVEN MAKE IT CLEAR WHETHER THIS INCLUDES ONLY PAYING 50% OF THE EXPENSES! ASK THEM WHETHER WHEN THE READERS DIGEST CORPORATE TYPES GO SHOPPING AT TESCOS AND BUY A CASE OF RED WINE, THEY SAY THEY WILL ONLY PAY HALF IF THEY SUDDENLY DECIDE THEY PREFER WHITE.

8. If the Photographs are not accepted because they do not meet professional standards or if they do not meet the expectations or descriptions of RDAU specified in Schedule A, you will not receive any form of compensation or kill fee. THIS IS NOT A CLAUSE WE LIKE TO SEE IN ANY CONTRACT AS IT IS AMBIGUOUS, ONE PERSON’S IDEA OF WHAT IS USABLE IS ANOTHER’S FULL PAGE PICTURE. IF A PHOTOGRAPHER REALLY MESSES UP A SHOOT BOTH SIDES WILL KNOW IT AND THE PHOTOGRAPHER WILL PROBABLY CONCEDE THIS AND NOT CHARGE OR RESHOOT FOR NO ADDITIONAL FEE…BUT NEVER GOOD TO HAVE THIS AS PART OF A CONTRACT. BUT PROBABLY NOT A DEAL BREAKER.

9 RDA will reimburse reasonable expenses upon presentation of appropriate receipts or documentation. Any expense exceeding $100 must be approved in writing in advance by RDA.

10. this agreement may not be assigned by either party without prior written consent of the other party, except that RDA may assign the agreement to any successor publisher of Reader’s Digest magazine.

11. This Agreement shall be governed and construed in accordance with the laws of Singapore .

READ, ACCEPTED AND AGREED TO:

READER’S DIGEST ASIA PTE. LTD.

By:_________ _________ _________ _________ _____
Date:_______ _________ _________ _________ ______

PHOTOGRAPHER

By:_________ _________ _________ _________ _____
Date:_______ _________ _________ _________ ______

IFJ on Author's Rights

As everything news and information-related appears to be “going digital,” the exploitation of intellectual property rights is a topic for virtually every government, major company and economic forum worldwide. Journalists are among those who must have intellectual property rights too!

These rights are called authors' rights. Authors' rights are currently best protected in continental Europe.

The IFJ authors' rights programmes call for journalists to be recognised as authors of the work they create, have control on further use of their work and receive an equitable remuneration for it. In this sense, we oppose the Anglo-American copyright system which deprives all staff and most freelances of these rights.

Authors' rights are not only economic rights. Journalists, photographers and media professionals also need strong legal protection of their moral rights, including the right to be named as the author and the right to protect their content from being used in a detrimental way or context. The rights for individuals to exercise control over their work is crucial to maintain ethical standards, which define and guarantee quality journalism. This is another reason to oppose the Anglo-American copyright system, through which authors can be, and are, coerced into signing away their moral rights.

Continue reading here:
http://www.ifj.org/en/pages/authorsrights

Download:
IFJ Guiding Principles on Authors' rights
IFJ/EFJ Authors' rights manual

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