Newspaper insists on image rights handover in ‘citizen journalism’ quest
November 28, 2005
Exploiting the potential of ?citizen journalism? The Daily Telegraph has today launched a service inviting readers to send in digital images for use in the newspaper. However, it appears that the pictures – which can either be captured by a camera phone or digital camera – require all rights to be transferred to the paper and will attract no fee for the photographer for images used.
Screaming the front page banner headline ?Snap & Send ? a brilliant new way to be part of the paper? the project pledges to publish the best pictures in the newspaper and on its website. It adds: ?Have you ever found yourself in the midst of a major news event and wanted to share the experience with others? Now that so many people have mobile phones with cameras, the possibility exists for us all to contribute to the news agenda.? Readers can either text the image from their camera phone using MMS or email the image to firstname.lastname@example.org
The terms and conditions state: ?By submitting your photographs you agree to grant Telegraph Group Limited a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your photograph worldwide and/or to incorporate your photograph in other works and publications in any media now known or later developed for the full term of any rights that may exist in your photographs.?
At the time of writing no-one at the newspaper was available to comment on these terms.
The rules add: ?If you do not want to grant Telegraph Group Limited the rights set out above, please do not submit your photograph to telegraph.co.uk.’
Earlier this year BBC News was forced to defend the free use of amateur photographs on its website insisting that most contributors have no interest in making money from the pictures.
Many people complained to BBC News following its use of images captured by the public on camera phones and digital cameras after the attacks on London in July. In the BBC?s case the photographer retained copyright in the pictures.
The Chartered Institute of Journalists (CIOJ) recently warned that if a member of the public believes they have a highly newsworthy digital picture they will lose control over it ? and risk not being paid ? if they send it direct to a TV station. Instead, urged the CIOJ, the photographer should first ?phone around? national newspapers and establish whether the newspaper will negotiate sharing image rights with a TV company.