House of Paula

Disappointed

Posted on: January 27, 2008

There aren’t many things that disappoint but after looking at the information on the National Geographic Society’s Your Shot program, I can honestly say I am extremely disappointed in the “rules” NGS lays out.

Once you submit the picture, these are the rights you give up on the picture.

You grant to National Geographic Society and its subsidiaries and licensees (“NGS”) the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce and create derivatives of the Photograph, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional and trade uses in connection with NGS Products. An NGS Product is defined as “a product of NGS, a corporate subsidiary, affiliate, joint venturer or licensee of NGS, in any language, which is associated with an NGS trademark and over which NGS has Editorial Control.” For the purposes of this Agreement, “Editorial Control” means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the product. This license includes the nonexclusive right to make the Photograph available to third parties (i) for library or other research uses through microfiche, microfilm, or any other archival storage and retrieval form, including but not limited to electronic databases and document delivery services; and (ii) for distribution in connection with an NGS press conference or press release.

What the paragraph above says is NGS can use the picture you submit when they want to, they can change it however they want to, how they want to, and for as long as they want to and YOU WON’T BE REIMBURSED FOR IT.

Am I the only person that thinks this is a really crappy thing to do to someone who may have worked very hard on an image??? It’s one thing to say you don’t get paid for a one time use of an image, it’s quite another to say “You submit a picture and we can do whatever we want with it for eternity – we can even sell it in our software databases and make a profit from this thing that you gave us.”

What are your thoughts?

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