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Canon Competition


thatmanbrian e2
3 342 3 United Kingdom
29 Dec 2012 5:15PM
I received an email inviting entry to a Canon Gallery competition on the theme "See the light". Going to the website I discovered that the competition entry page had a drop down box for the type of camera used which contained just a dozen entries, none of which were my EOS 7D. I therefore scoured the TOCs to see if the comp was restricted to certain camera types which it wasn't. But I did notice this:


2.5.1 recognisable persons, unless you can demonstrate that such persons have granted all the necessary permissions for the photographs to be used and published by Canon under the terms and conditions of the "License to use the Photographs" as mentioned below; etc

This is an unfair contract and totally impractical. Any street shot will contain recognizable faces and there is no requirement under UK law for "model releases" or for permission from those individuals for their photo to be published.

It is clear no one at Canon has thought about this and together with the errors on the entry website makes Canon a laughing stock in my book.

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KevSB
10 1.5k 5 United Kingdom
29 Dec 2012 5:28PM
That is a standard requirment in comercial photography as far as im aware and any companys will ask the same, they obvously wish to use the winners in some form of advertising and not having the permission of anyone who is clearly identified would not be acceptable as it could be deemed that the person approved of the product/service.
thatmanbrian e2
3 342 3 United Kingdom
29 Dec 2012 7:09PM
Yes I can see it is a standard condition or policy but that doesn't make it right, that's my point. In this example of a street scene, there can't possibly be any sensible mistake of endorsement. Maybe if the shot featured a stranger center stage then its use in an advert might lead to that person bringing a civil action but he'd have to show substantive and real loss in a civil action. I can see Canon wanting to avoid that but to ask for everyone in a street scene who could be recognised to give consent is ludicrous and not warranted by any risk assessment I know of.
llareggub e2
4 758 United Kingdom
30 Dec 2012 7:32AM

Quote:
This is an unfair contract and totally impractical. Any street shot will contain recognizable faces and there is no requirement under UK law for "model releases" or for permission from those individuals for their photo to be published.



Whilst this is true I am pretty sure that the "commercial" use of images of recognisable individuals require a model release, it is inevitable that Canon will want to use the images commercially and as such have excluded images of this type from the competition. The crux of the matter is the transference of a perpetual world wide, royalty free license to use images submitted that is so common when submitting images to competitions, images of people without model releases have far fewer uses for the sponsors of the competition.
oldblokeh e2
3 925 United Kingdom
30 Dec 2012 8:17AM
In what way is this condition unfair? The only effect is that it may restrict the subject matter, but the majority of competitions do that anyway.

You failed to mention that there's another condition:


Quote:2.5.4 Images featuring nudity or anything which may be considered obscene, immoral or in any way inappropriate


Do you also think that this is unfair to pornographers?
thatmanbrian e2
3 342 3 United Kingdom
30 Dec 2012 9:04AM
I didn't say it was unfair, I said it was an unfair contract condition meaning that in a court of law that condition might not be upheld. It excludes a huge variety of photos since many would feature human beings somewhere and "recognisable" could be interpreted as viewing at 1:1 or greater!! There is NO requirement or mention in British Law about model releases. Where did that idea come from?

Well, it seems I'm in a minority here and I'm not a troll so will leave it.Sad
llareggub e2
4 758 United Kingdom
30 Dec 2012 9:14AM
I just do not think that people understand your argument and you seem to be ignoring any contrary point of view, the T&C's of the competition will be subject to basic contract law and the only thing that you can not do under contract law is agree to undertakings that are contrary to criminal or civil law, as such nothing in this example is either unfair or contrary to any lawful statute.

Canon may wish to use the images submitted commercially as an advertisement for their products as such they will be required to have a model release for any individuals who can be recognised in any of the images they wish to use.
JackAllTog e2
5 4.0k 58 United Kingdom
30 Dec 2012 8:12PM

Quote:
This is an unfair contract and totally impractical. Any street shot will contain recognizable faces and there is no requirement under UK law for "model releases" or for permission from those individuals for their photo to be published.



Agreed that street photography seems to be discrimated against here, as would paparazzi photo's of celebs etc. That's not illegal either.

Come on Canon, understand your consumers...

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