
Imagine you get unique footage of an alien craft landing,
film a
miraculous escape or capture images of Bill Gates frolicking naked on a
Northland beach. What should you do? (Apart -- in the latter case --
from seeking immediate treatment?) The one thing you
shouldn't do is
send them to
TV One
or
TV3.
"Have you ever witnessed an event you thought others should see, but
there wasn't any time to call reporters and camera crews to the scene?"
TVNZ's
Your
Cam
page breathlessly intones. "When there's no time to wait, you can
record news footage on your digital video camera or phone to send it
straight to our reporters at ONE News. Like the footage of the Bali and
London bombings and 9/11, pictures you capture may be the only ones
taken as the event unfolds, and YOUR CAM is about capturing news as it
happens."
And, it also happens, about capturing your rights.
Item 4 of Your Cam's
Terms and
Conditions states it plainly;
I assign all copyright in the
footage in perpetuity to
TVNZ.
TV3's
Terms and Conditions employ more legalese, and much smaller
type;
You grant TV3 a perpetual,
royalty-free, non-exclusive, sub-licenseable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform, play, make available to the public, and
exercise all copyright and publicity rights with respect to your
contribution worldwide and/or to incorporate your contribution in other
works in any media now known or later developed for the full term of
any rights that may exist in your contribution.
That means if the BBC pick up your clip, or CNN or any of the other
news networks around the world, the rights holder might charge them for
it but you
won't get a bean.
This point was highlighted in the 22 July edition of
Mediawatch on
National Radio (the piece concerned starts about 8.5 minutes in).
It may seem trivial, but consider the value of a single
celebrity photograph. It's what the paparazzi business is built on.
There are
whole
agencies specialising in nothing else, with in-demand shots
going for thousands of dollars.
Don't throw your rights away!