Unfair T&C’s on Ellesse Photo Competition

posted on 28th of july, 2010

A competition being run by Ellesse is grabbing the rights of all who enter for their own gain.

© Lorna (Help)

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!

Comments (14)

Posted by Kelpfish on August 01, 2010
This is what good networking can do for us photographers. photo competitions and some, usually new to competition, have those same terms. Many photographers get caught up in the prizes and notoriety of the competition and really never read (or understand) what the terms are saying. I mean, "you give up your rights" is a pretty powerful term for the hard work and money that goes into creating powerful images.

Nice work.

Posted by Chunshine on July 30, 2010
Great News! As a result of continued pressure by group of us Ellesse have now amended their T&C's for a 2nd time in 24 hours and have now adopted a fair and honest approach to their competition. No longer do entrants need to give up all rights and ownership. Ellesse have listened and used the suggested T&C's from Pro-Imaging and now have a competition that is worth entering.
Posted by Darwinsm81 on July 29, 2010
WOW!! I never thought entering a photography contest this could happen. WOW!! thanks for posting...
Posted by Chunshine on July 28, 2010
Colnago6, the thing is a lot of people who enter these competitions don't actually understand what is happening. Just by entering they are unwittingly giving up all rights and ownership to their pictures without even realising it. So it's not quite as simple as "if you don't like it don't enter" These kind of rights grabbing competitions need to be highlighted so that everybody is aware of the devious methods companies use to get free images to do what they like with and not have to pay anybody or even credit them. The terms may have changed slightly but not enough. If you read the Bill of rights explanation and suggestions on http://www.pro-imaging.org/content/view/135/155/ you might understand a bit more about the reasons why we fight these kind of things so much, after all it's going to effect everybody in the microstock industry as well as every other part of it, not just the odd photographer here and there. Why would a company buy images from anywhere if they can get them for free,...(More)
Posted by Chunshine on July 28, 2010
Update: So far the pressure on Ellesse has made them state they will review and amend the rights grabbing terms this week.
Posted by Colnago6 on July 28, 2010
i don;t understand!! the competition is voluntary isnt it? i have seen the terms have changed now but there are still people complaining. To be honest like most things people don't agree with...you don't have to enter.
i don't like the way the underground runs so its my choice not to use it....photographers not happy with the terms shouldn't enter. sorry if i am being a little naive but it seems pretty simple.....
Posted by Wisconsinart on July 28, 2010
In some ways it makes sense. If they use an image it prevents them from being sued by the person who submitted it.

I'll bet some lawyer hack had a hand in those guidelines.
Posted by Chunshine on July 28, 2010
Update: So far the pressure on Ellesse has made them state they will review and amend the rights grabbing terms this week.
Posted by Chunshine on July 28, 2010
Update: So far the pressure on Ellesse has made them state they will review and amend the rights grabbing terms this week.
Posted by Irisangel on July 28, 2010
Wow! Thanks for bringing this to everyone's attention.
Posted by Chunshine on July 28, 2010
Update: So far the pressure on Ellesse has made them state they will review and amend the rights grabbing terms this week.
Posted by Elianehaykal on July 28, 2010
That's why everyone should read the agreement before signing/accepting any contract.
Posted by Egomezta on July 28, 2010
Same happens in many photographic competitions, we should always read the contract before entering any competition.
Posted by Bradcalkins on July 28, 2010

Comments (14)

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Photo credits: Falko Matte, Lorna, Nikita Buida, Pavel Losevsky.

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