I am really pleased to report (as those who have read the comment on the last post) that Ellesse have listened to the points raised by a number of photographers (including me) and have changed the Terms and Conditions of their competition
- 9.1 By entering the Competition you agree that any winning Entry, of the Competition or the Weekly Competition (“Winning Entry”), may be used by Ellesse (and its partners) for the marketing and promotion of this and future competitions (“Competition Marketing and Promotional Purposes”).
- 9.2 You hereby acknowledge that Ellesse may have to crop and re-size the Winning Entries as necessary for Competition Marketing and Promotional Purposes.
- 9.3 The Winners’ names shall appear on all Winning Entries reproduced by ellesse for Competition Marketing and Promotional Purposes.
- 9.4 You hereby grant Ellesse a non-exclusive, irrevocable, worldwide licence for each Winning Entry in all media for the uses described in 9.1 above for 2 (two) years following the date of announcement of the Winners.
- 9.5 Ellesse shall contact you and afford you the opportunity to negotiate the terms of any additional usage of Entries falling outside of Competition Marketing and Promotional Purposes
The key is the photographer is now granting a license to Ellesse enabling them to use the photograph and not actually giving them the photograph.
I think that when companies create terms like the original terms (previous post) it is through ignorance and a poor understanding of copyright / licensing.
Well done Ellesse..