Saturday 2pm update: The change, which EPUK understands was insisted upon by Nikon UK, follows a global backlash among both professional and amateur photographers in a controversy which has dominated photography forums worldwide since the story broke on www.epuk.org last Thursday.
The camera giant, who describe themselves as “joint partners” with travel website Opodo in the eleven-month-long travel photography competition, admitted last week to EPUK that they hadn’t anticipated that the terms of the competition, which gave Opodo a right to use and sell any entries, were likely to be controversial.
The original terms stated:
By submitting photos to Opodo, you agree to grant Opodo limited and its group companies a royalty-free, non-exclusive, transferable, right to reproduce, market, store, adapt, distribute, communicate and make available to the public the Photos in any way Opodo wants whether through Opodo’s online services and/or through other products or services (whether online or offline). Opodo may use the Photos as set out above in any medium worldwide, including those which may come into existence in future.
You will still own all your rights to the Photos you submit, but Opodo will own all right, title, and interest in any compilations, collective works or other derivative works created by Opodo which use or incorporate the Photos. You agree to waive your moral rights in respect of the Photos and Opodo use of the Photos.
You agree that you will not have any right to inspect or approve uses of the Photos or to be compensated for any such uses, and represent and warrant that you are over 18-years old.
The new terms state:
By submitting photos to Opodo, you agree to grant Opodo Limited and its group companies a royalty-free, non-exclusive, non-transferable, right to publish and use the Photos on the Opodo websites in connection with the Opodo Reflections competition only.
You will still own all copyright and title to the Photos you submit. Where possible, you will be given appropriate accreditation. Photos will not be sold to any third party.
However, the new terms are not retrospective, and so Opodo can still continue to use any entries made under the old rules.
Opodo told EPUK: “We would like to assure you that the aim in running this promotion, in conjunction with Nikon, was to give people the opportunity to win a number of excellent prizes and also to enable them to display and share their images and passion for travel with Opodo and other travel enthusiasts.
“Our intention was under no circumstances to upset the photographers who enter the competition and we have therefore amended our terms and conditions accordingly.”
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