Content is still king and expensive. At this particular moment in time it is what drives the good parts of the internet and the social side of the web.
But because it is expensive, it creates a problem.
Many companies and organisations can’t afford to do everything they want. Then somebody comes along with the bright idea to crowd source the content. That’s it, hold a competition and use the winning entries to drive your social web. I’ve said here before I think the concept of copyright is dead for companies that want to distribute content. But when they source it from others it is very alive and kicking hard.
The lawyers won’t let you forget the terms and conditions. And that means copyright.
I recently was involved with a photo exhibition sponsored by a large organisation, where technically speaking they want perpetual rights to use photos or recipes and so on.
But we’ve managed to negotiate our way through this by just asking if we can use the content rather than get people to sign loads of forms, which scares them away. We’ve kept it informal which I’m sure terrifies the guardians of red tape but it works.
But not all organisations behave like this.
Read in detail the entry terms to all these competitions and you’ll find you’ve signed away your life, that of your first born and their first born in perpetuity and underwrite their liability. And then there is the Australian Tourism Commission that in its Nothing Like Australia amateur photographic competition that wanted everything. And then more.
The Commercial and Media Photographers (ACMP), which together with the Australian Institute of Professional Photography (AIPP) have been running a social media campaign, explain it best on its blog: “Previously, the original terms and conditions of the competition had Tourism Australia assume all rights and ownership for all images entered to be used by either TA or any third party forever. But still leaving the photographers who entered liable for permissions of locations, subjects and products meaning that photographers were putting themselves at risk by merely entering the competition.”
The ATC has changed clauses but in the view of the ACMP is still very aggressive. Copyright is a huge issue in social media. The sad thing is that amateurs will always enter these competitions and probably not read the terms and conditions.
My policy is very clear that I won’t enter anything where I have to sign over my rights or take on liability – even for just writing.
But what can you do if there's a lawyer involved?