The city of Toronto, the same city that bans parents from taking pictures of their kids taking part in any activity at a recreational centre or arena, has launched another of its photo rights grabs. By simply entering this contest, you’re giving the city all rights to your pictures for all eternity.
Rule 14 includes:
Entering the contest constitutes an agreement by the contestant to give a royalty-free, world-wide, perpetual, non-exclusive license to the City, and anyone it authorizes, to display, distribute, modify, crop reproduce, and create derivative works of the entries, in whole or in part, in any media now existing or subsequently developed including the Internet, for any City purpose including, but not limited to, advertising and promotion.
You also have to waive your Moral Rights (Rule 15).
The city says that the pictures may be used for advertising and promotion. Yet the city bans all such photography in any park unless you have a paid permit. Toronto, Parks, Forestry and Recreation Division is/was also under the illusion that anyone with “a big camera” is not allowed to take pictures in any park. I guess when it suits the city, the rules suddenly change.
The city is unaware of proper use of model releases. You are encouraged to have people in your photos but the city says in Rule 5 that a release is required only if the people are under 18 years of age. The city foolishly tries to protect itself with Rule 18:
The photographs submitted to the City of Toronto Parks, Forestry and Recreation Photo Contest are considered to be part of a public record as defined by section 27 of the Municipal Freedom of Information and Protection of Privacy Act. There is no expectation of privacy and the photographer acknowledges that they have the consent of all people in the photograph if necessary.
If someone sues over the city’s use of a picture, you, the photographer, are liable.
Obviously, the city of Toronto has no respect for (pro or amateur) photographers nor the purpose of copyright.
It pays to read the fine print! Those are some seriously onerous terms.