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Photography Question 
Melissa  L. Zavadil
BetterPhoto Member Since: 2/26/2005
 

Trend 'Contests' Seek stock photos


I have come across for the second time in one month a huge contest that is enticing people to send in their photos for a chance to win a trip IF they win. Here is the catch ANY submission made will grant them the rights to use that photo in anyway they want. Any you don't even have to WIN anything. Therefore, any photo you enter, you do NOT OWN anymore!! WOW, this is huge! What a scam they are doing! It sounds like they need a lot of photos and are tired of paying stock fees so they are doing this to cut their costs! (Which is under the law legal) (I have had an attorney look at this)

"Submission of a photo grants the Sponsor and their agents the right to print, copy, publish, use, edit, exhibit, distribute, perform, merchandize, license, sublicense, adapt and/or modify such photo in any way ( and to publish the entrant's name along with such photo), in any and all media whether now known or hereafter developed, without limitation and without compensation to the entrant. Submission of a photo further constitutes the entrant's consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the photo, including, without limitation, all copyrights......)


What are your opinions on this???


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6/11/2005 9:21:59 AM

 
Michelle Lea  Guinn
BetterPhoto Member Since: 11/3/2004
  I would not do it!! If I'm NOT getting paid for it, then they cannot have MY photo!! It's a scam to me!!! mlg


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6/11/2005 10:39:48 AM

 
Melissa  L. Zavadil
BetterPhoto Member Since: 2/26/2005
  You know that is my view of this Michelle! I was going to do this until I saw that ANY SUBMISSION is theirs for keeps. Geesh! It seems like the photo should only be 'theirs' IF you win the trip!

I swear there is always a catch to these things!


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6/11/2005 11:00:09 AM

 
Bob Cammarata
BetterPhoto Member Since: 7/17/2003
  Many photo contest sites have an ulterior motive,...to get material real cheap, or to sell you something down the road.
Read the fine print carefully and make sure there is something IN WRITING that says you retain the rights, or that you will be notified if your photo is to be used in another venue.
If they ask for money and you send it,..THEY are the winners, not you.


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6/11/2005 5:02:12 PM

 
Melissa  L. Zavadil
BetterPhoto Member Since: 2/26/2005
  I still don't understand how a 'submission' can be considered a form of payment. For a contract to be finalized there needs to be a type of payment. A 'submission' seems to me more like buying a lottery ticket which is closer to gambling than a legal exchange. ?? (Which gambling is illegal in this type of form under anything other than government control like the loto--in US) This is just my feelings toward this matter!!


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6/11/2005 5:27:23 PM

 
Melissa  L. Zavadil
BetterPhoto Member Since: 2/26/2005
  I believe they are walking on thin thin grey lines on the legal side of this!

I can understand giving a 'name and phone number' for a submission to a contest but 'property'??

Sounds really grey to me---the only other relation I can come up with that is even remotely similar to this IS the loto where you DO give property 'money'!


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6/11/2005 5:30:25 PM

 
John A. Lind
BetterPhoto Member Since: 9/27/2001
  To quote King Arthur in the Quest for the Holy Grail in the scene at the base of the French castle:
"Run away!
Run away!"

BTW, I don't think they could make this part stick:
"irrevocably assign and transfer to Sponsor any and all rights, title and interest in the photo, including, without limitation, all copyright . . . "

Reads like some attorney drew it up for them heaving in everything including the kitchen sink, commode, and bathtub. And that would be one of the problems on which it could be challenged . . . demanding everything for essentially nothing (unless one wins something of real value). However, in order to prevail in challenging it, one would have to hire an attorney and litigate it with their attorney, which would be costly . . . very costly if the "Sponsor" has deep pockets and a legal firm on permanent retainer or their own legal staff.

The way I read it, the orignal photographer cannot use the photograph for anything publicly after submitting it . . . except perhaps to paste a print into a personal photo album.

Melissa, what contest is this?

-- John Lind


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6/11/2005 7:53:09 PM

 
Melissa  L. Zavadil
BetterPhoto Member Since: 2/26/2005
  John, you are right after submition you have no rights to the photo at all. As per a litigation attorney. They are using 'submission' as a form of payment to legitimize the contract.

The contest is through AnimalPlanet
There was another contest just like this one, one month ago but it didn't interest me as much as this one. I don't recall who that particular one was through but it was same type of thing give your best 'family shot'. It also had this statement.


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6/11/2005 8:36:30 PM

 
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