CLICK HERE to see National Geographic Nature Photographer Contest 2016; closing date 04 Nov., Â 2016
TERMS AND CONDITIONSÂ (as of 12 Sept., 2016)
HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU
The following are the terms and conditions, along with our comments, on how the will affect your rights should you submit your creative work to the competition. For reference, please see the Artists' Bill of Rights principles, to which they reference: bit.ly/1l3knJH
"For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged,each entrant hereby irrevocably and unconditionally grants to Sponsor, its successors and assigns the right (but not the obligation) to use entrant’s Submission in whole or in part, to reproduce, distribute, display and create derivative works of the entrant’s Submission (along with a name credit) in connection with the Contest and the marketing, advertising and promotion of the Contest, in any media now or hereafter known, for no additional compensation, as well as in and in connection with a display at a potential exhibition of winners; publication of a book featuring select Submissions in the Contest; publication in National Geographic Magazine or online highlighting Contest Submissions or winners of the Contest;"
Comment: We do not allow irrevocable and unconditional grants to competition organizers. Usage without specific time limits is not allowed. Winners, only, are allowed to be placed in an archive web gallery that is dedicated solely to the competition, if the competition runs year-to-year. Any marketing or promotional materials such as books, calendars, wallpapers, etc., must be directly related to the competition and its promotion, and is allowed only up to three years after the closing date of that year's competition. All other usage must be negotiated separately.
(By contrast, Sony World Photography is exemplary in running year-to-year international competitions, focused on celebrating the creative talents of a wide range of photographers. They are strong supporters of our principles. https://www.worldphoto.org/sony-world-photography-awards)
"…and offering as downloadable wallpaper to users of the Contest website in any and all languages, by any and all means, media, devices, processes and technology now known or hereafter devised, in perpetuity throughout the universe at no charge to Sponsor."
Comment: The organizer should only have the right to publish entries in direct relation to the competition and its promotion, and only up to three years after the closing date of that year's competition. Nothing should be "in perpetuity". Encouraging downloading of entrants' work is not adviseable for obvious reasons. Along with the comprehensive waiver of moral rights they require (see below), entrants are just giving away free content to promote National Geographic, not the artist or their vision.
"The rights granted shall include, without limitation (i) all reproduction, distribution, adaptation, performance, fixation, rental and lending rights, exhibition, broadcast and all other rights of communication to the public; (ii) the right to make changes to the Submission, and to use such Submission as Sponsor shall from time to time determine in its sole discretion; (iii) the right to authorize, prohibit and/or control the renting, lending, fixation, reproduction, importation and/or other exploitation of the Submission as may be conferred under any applicable laws, regulations or directives, including, without limitation, any treaty, European Union (“EU”) directives and/or enabling or implementing legislation, or any law or regulation enacted by the member nations of the EU or any other jurisdiction;"
Comment: National Geographic is exceeding the rights they request in their opening paragraph considerably, and nothing about the above is connecting usage exclusively to the competition. All image use must be directly related to the competition, or the promotion thereof. Any other use needs to be negotiated separately with the artist.
"…and (iv) all rights generally known as “moral rights” or “droit moral” rights (which shall include, without limitation, any similar or analogous rights under the applicable laws of any country of the world [including, without limitation, the so-called right of paternity (droit a la paternity), right of integrity [droit au respect de l’oeuvre], right of withdrawal [droit de retrait or droit de repentir] and/or right of publication [droit divulgation]) which I may have in connection with the Submission (collectively, the “Moral Rights”)). In addition to the fullest extent allowable under any applicable law, each entrant hereby irrevocably waives or assigns to Sponsors entrant’s Moral Rights."
Comment: Waiver of moral rights should never be allowed. This is the most detailed, end-run around moral rights we've ever seen. Waiving your moral rights means you will not be able to object to how your work is used in future, such as having it altered in a manner you may find derogatory, or used to promote a product or cause you find objectionable. You have also lost your right to be credited as the author of your work.
"Each entrant expressly acknowledges that many parties will contribute to the National Geographic Nature Photographer of the Year Contest and National Geographic Magazine Accordingly, if under any applicable law the above waiver or assignment by entrant of the Moral Rights is not effective, then entrant agrees to exercise such rights in a manner that recognizes the contribution of and will not have a material adverse effect upon such other parties."
Comment: This phrase probably applies to wallpapers, cutouts or collages they may want to create and publish and offer for download, where one entrant is objecting to the usage. We must always maintain our moral rights. The bottom line: images submitted to the contest should primarily be about promoting the artists and the integrity of their work, not for providing free content to National Geographic.
"Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements or even it if it determined that the entrant who made the Submission is ineligible to enter the Contest or win a prize."
Comment: This statement basically completes what is an all encompassing rights grab. The only way these terms differ from effectively usurping the entrant's copyright is they are not asking for exclusive use. Otherwise, as the terms indicate, National Geographic will use anything submitted, however they wish, in perpetuity, and without attribution.
ARBITRATION PROVISION
By participating in this Contest, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Contest, …will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS;…(iii) the arbitration shall be held in Los Angeles, California; …(viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; … (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive;
Comment: The partial reproduction of the "Arbitration Provision" above means that should you have any disputes, including copyright claims, you will be required to pay at least $125 (or more, depending on your circumstances) and take your claim to Los Angeles, California in order to enter into arbitration.
Reach Out
You can express your opinion through social networks using @natgeophotos, #natgeophotos, or https://www.facebook.com/natgeo on Facebook.
The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.
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See our Introduction to Rights and Licensing for basic information about how images should properly be used.
For further guidance please read the Bill of Rights for Artists, particularly our .
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