National Geographic

All posts tagged National Geographic

I subscribed to the magazine in the past, and since a year or so I’ve been subscribing again. I really like the magazine, it’s got great articles and it’s got magnificent images. And they even allow you to submit your images for possible inclusion in the magazine. They have this “Picture of the Month” going on every month and if you get to be it (or your image, that is), you can win amazing prizes and you get to be published in the magazine. It would be a great thing for your portfolio to be featured in the magazine. I would like to, in any case.

So off I went, to the website of National Geographic, where I’m instantly prompted to subscribe. That is, sign up, give all my information (which, if you read the terms and conditions, you swear to be up to date and correct). And, paranoid as I am (and I’m probably one of the very few who actually reads these terms and conditions), I quickly scroll through the text and come to a full stop at point five. I blink. It must be lack of sleep. I blink again. The text is still there.
Actually, to be honest, this happened already quite awhile ago, and I’m not quite sure why I write about this only now, but anyway… I wrote them a mail several times in which I ask to clarify the terms set out on their website, but I didn’t get any reply. Any sign of life. Not even an automated response with “thanks for your mail, we will ignore you like the plague”.

I re-read the text, just to make sure I read what I read. I quote point five to you below (courtesy of the Terms and Conditions on http://www.nationalgeographic.com/community/terms/

For clarity, you retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Site (“User Content”). By uploading User Content, you grant National Geographic (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the User Content, 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 NG Products. National Geographic may license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote such NG Products. An NG Product is defined as “a product of National Geographic, a subsidiary, affiliate, joint venturer, or licensee of National Geographic, in any language, over which National Geographic 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 NG Product. You also agree that National Geographic may make User Content available to users of the Site who may display and redistribute it in the same way that National Geographic makes all other Content available.

So… In any case I retain all of my ownership rights in material that I upload. But…
And it’s a big But (big bones, can’t help it!):
Upon accepting the Terms and Conditions I grant National Geographic (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the User Content, 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 NG Products.

And the following sentence, equally disturbing:
Upon accepting the Terms and Conditions I allow National Geographic to license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote such NG Products.

And the one that’s screaming injustice in my face:
Upon accepting the Terms and Conditions I also agree that National Geographic may make User Content available to users of the Site who may display and redistribute it in the same way that National Geographic makes all other Content available.

So summarized: I’m fucked if I agree to the Terms and Conditions, because regardless of the fact that they let me retain all my ownership to what I upload, National Geographic can do whatever the hell they please with my stuff, but National Geographic makes me agree that they allow Users of the Site to do whatever the hell they please with my stuff. That’s in any case how I read the “may make User Content available to users of the site who may display and redistribute it in the same way that National Geographic makes all other Content available”.
So National Geographic may sell User Content as prints or stock (of which profits the User in question doesn’t see a penny of commission), but since National Geographic makes Content available in this way users of the Site may also sell that same Content according to the rules stated by National Geographic.

So how does that sound fair to you? It kinda means that I now co-own my images with National Geographic and every other user of the National Geographic website.
I invite everyone, National Geographic employees included, to explain to me how and where -if I am- I am misunderstanding these rules.