Royal Wedding Rights Grab - News Flash

On 14 April we published a story concerning The Royal Wedding Album. The Royal Wedding Album project, created by Benjamin Daniel Pankhurst, MD of Group Charlescannon located at 6 route des Creux, Verbier Switzerland, asks the public to send in photographs they have taken in connection with the wedding of Kate and Wills. Events have moved on since that story and we put together some more information about who is backing the rights grab.

The organisation backing the project

This is Group Charlescannon. The original appeal stated that the photographs would be used to publish a book entitled 'The Royal Wedding Album' and that the was book being compiled by Lifestyle Excessive.

This is another Swiss company which is also located at 6 route des Creux, Verbier, Switzerland, the same address as Group Charlescannon. Lifestyle Excessive have a facebook page at which they say they are in the fashion business trading through the Loverbier Shop in Verbier. They have a website available at www.lifestyleexcessive.com but the website is just a blank white page. We could find no separate registration for the Lifestyle Excessive company so it is assumed it is a Group Charlescannon brand name.

Further information about the authors of this project are given on this page, Ben Pankhurst, the MD, whom we have already mentioned and Jason Joyce a photographer, director and blogger. It is very disappointing that a photographer should support a rights grab on the public's intellectual property. 

Storm of Protest

The Royal Wedding Album website originally stated that a proportion of the profits would be distributed to the Royal Wedding Charity Fund. The original terms made clear that people submitting photos had to agree to a license in which they assigned unlimited usage rights to Group Charlescannon and had to waive any right of approval or inspection over the use the images; i.e. in effect to waive their moral rights.

This caused a storm of protest with photographers and other creative people protesting about the exploitation of the public's intellectual property rights. The target of the complaints is The Royal Wedding Album Facebook page whereon were lodged a huge number of protests.

One result of this wave of complaints was that the complaints were deleted when they became too numerous and endangered the entire project. Another result was that Group Charlescannon asked their friends to post good news and 'like' their announcements. The complaints continued, as did the deletions, plus more 'good news' and 'likes' from friends, and we understand that at least one complainant has been blocked from adding more messages to the Royal Wedding Album wall.

On 15 April 2011, under pressure from photographers, the terms and conditions were changed and it was also stated that all profits from sales of The Royal Wedding Album to The Royal Wedding Charity Fund. Here is an extract from the new terms and conditions;

Updated Terms and Conditions

You will retain all rights to any photograph you submit, including ownership if applicable. If your image is selected for inclusion in "The Royal Wedding Album" or for display on www.theroyalweddingalbum.com, you grant Group Charlescannon Sarl the right to publish the images in "The Royal Wedding Album" and to display the images on www.theroyalweddingalbum.com. Group Charlescannon Sarl acts as an intermediary between photographer and any third party. Use of the photographs displayed in "The Royal Wedding Album" or on www.theroyalweddingalbum.com requires the express, written permission of the photographer, obtainable through Group Charlescannon Sarl.

These terms at first glance seem to be an improvement, gone is the implication that moral rights have to be waived, yet we cannot find any statement in the terms and conditions that says the creator will always be credited. It beggers belief that after all the complaints and advice received the new terms do not state that credits will always be given.

Unlimited Use

Note in particular these words;

Group Charlescannon Sarl acts as an intermediary between the photographer and any third party. Use of the photographs displayed in "The Royal Wedding Album" or on www.theroyalweddingalbum.com requires the express, written permission of the photographer, obtainable through Group Charlescannon Sarl.

This could permit Group Charlescannon to sub-license the images to third parties for unlimited use when the photographer gives written permission. Note that at the time of writing there is still no acceptance that the use of submitted images should be paid for following negotiation with the photographer, simply that the photographer is to give their express, written permission that the images can be used.

These new terms could mean that the creator of the photo is asked to sign a document that assigns various rights to Group Charles Cannon and/or various third parties. The wording is loose and sets no limits to usage under these terms as long as the creator of the image agrees in writing. Given that no professional would participate in such a scheme it seems clear that this project is aimed at the public.

One complainant pointed out that copyright law gives everyone the exclusive right to exploit their creativity, that it does not give Group Charlescannon the right to exploit the public's creativity. In response to that point Group Charlescannon said on their Facebook page that "You are absolutely correct but everyone is free to choose". Their reply is correct of course, but only if you have the understanding to make a good choice. If you don't understand copyright, and you are asked to agree to terms and conditions concerning copyright, you are likely to agree to the terms to have your creativity published. Everyone wants the opportunity to have their work admired. Such terms cannot be admired.

New Protest Facebook Page

One enterprising photographer, Alan Chun, has set up a Facebook page in opposition to The Royal Wedding Album's Facebook page. Alan's Facebook page is entitled . Now you can go to the Royal Wedding Album Facebook page - post a complaint, take a screen shot and upload it to the page.