 James McKinney |
Submitting to photo contests I've looked at entering photo contests before but while reading the rules I've run into clauses like this one: "By entering, entrant conveys and assigns to (sponsor of contest) all rights of ownership, title, interest and all other intellectual property rights, including without limit, copyright in and to the winning photograph." My question is; do I need to worry about a clause such as this? I don't want to lose my right to use a photo, that was entered in a contest, in other ways,ie: selling prints, use for advertising in my own business or even to enter it in other contests. Please give me peace of mind. Thanks, James
|
|
|
|
||
|
John Rhodes |
James, I've not ever seen this, but I do not enter contests except for local juried events. If I did see a condition like this (and you are wise to read the entire conditions ), I would never, never enter. It doesn't say "if you win..." but "if you enter...". In other words, you are giving your images to the sponsers and probably paying an entry fee to do so. Bottom line: DO NOT ENTER. John
|
|
|
|
||
|
John Rhodes |
James, Since my first reply, I did a search on some the terms in your question and found quite a few "contests" that have that stipulation. I am still skeptical; but, if the sponsor can be vetted as legitiment, perhaps I would reconsider on a case-by-case basis. If my desire was to be published, it might be the potential loss of income to you would be offset by the resume-boosting publication of your image. I recently had a full page spread of one of my images in a popular coast magazine, but did not give up any righs in doing so. Best advice--tread cautiously. John
|
|
|
|
||
|
Christopher A. Walrath |
James, I thoroughly agree with John on this one. I would NEVER intentionally relinquish all rights to an image of my creation. That little bit of light on silver is a bit of my soul. I would not conscienably allow anyone to take my images to do with as they pleased. That being said, John also has a valid point in that if your aim is publication and your image is 'marketable' enough to garner use, then by all means (that is if you even get a by-line, since it's not yours anymore). So you may not get the publicity that your/their image does. Just ideas and thoughts concerning . . . Thank you
|
|
|
|
||
- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
Just about every contest has something like that. Even grocery store contest. Your photo, your likeness.
|
|
|
|
||
|
Mark Feldstein |
As I recall, this was a problem that first came to light with America Online about 12-13 years ago. At that time, AOL had language buried, seemingl literally, in the photo submission instructions, that informed members submitting pix that they were surrendering all rights to the photos. The hidden reason was to allow AOL to use any of the images to compile photo CDs with those images used as stock, for sale. The contest rules, along with digital photography, evolved in a similar fashion and most people accepted the surrendering of rights as a side effect of contest entry, if they even saw the fine print telling them that. The problem with that is the language is binding on the person making the submission. It's contractual. So if someone wins a Kodak contest and they use the image on say a film box even without photo credit, you've essentially donated your image to them. The only way around it, since it is contractual, is to cross it off on the entry blank and initial it before submission. If they don't catch it and return your image to you, your argument if you win the contest, is that you never completely agreed to the terms of entry which were presented to you on a take it or leave it basis; that you notified the contest promoter and if they persist in using the image without compensation, notify them of the infringement by sending a copy of your contest entry didacting the surrendering rights language and start negotiating usage rights or infringement fees. Most people wouldn't care. And many contest promoters bank on that fact. A number of contests prohibit professional photographers from entering not because of unfair competition but the usage problems. This is one reason why I haven't entered a contest in many years unless that language was omitted from the submission rules.
|
|
|
|
||
|
This old forum is now archived. Use improved Forum here
Report this Thread |
||