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Friday, August 20, 2010

PAL Photo Contest: Another copyright infringement?

I have gotten tired of commenting on photo contests, which are, allegedly, violating the Intellectual Property Code of the Philippines.

But then, here is another one brandishing its audacity in the midst of Filipino photographers who are fighting for intellectual property rights.  This is happening despite the fact that they hired a professional photographer, affiliated with the Camera Club of the Philippines.  Later on, they stripped off the "Camera Club of the Philippines" and replaced the tag "advertising and travel photographer" to the commissioned photographer, Bien Bautista, who seemed to have forgotten about the Intellectual Property Code of the Philippines.  The CCP must have been seething in anger that they have been dragged into this brouhaha.

While the contest rules protect PAL from infringement of intellectual property rights as mentioned in Rule No. 10, it does not take into consideration the intellectual property rights of the photographer in Rule No. 16 which mentions that: (click photo on the left for bigger view).

"By entering the contest and submitting his/her entry/ies, each participant agrees and acknowledges that PAL is permitted to receive the photograph or image entry/ies, and that he/she transfers and turns over to Philippine Airlines the full ownership of the copyright to the photos or images."
Unless, this is a commissioned work, full copyright can be transferred to PAL where the photographer would just have to sign a waiver.  But this is not a commissioned work.  Period.

I am sure, I am not a lone amateur photographer who is against or disappointed with this contest.

The prizes are equally disappointing, despite the fact that they are giving away round-trip tickets to LA, Brisbane, and Hong Kong!  If somebody wins, he or she has to deal with securing a US Visa and Australian Visa, not mentioning the transportation and travel allowance just so one can "enjoy" the prizes.

Good luck to those who can afford to lose their copyrights and fall prey to the seemingly exciting prizes!

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