Just wondering what everones thoughts were about entering photo contest to where the contest recives all rights to the pictures. I have thought about submitting some work but I'm not sure about the rights they take on the pictures.
NEVER give away your photos' rights. Why do you think they have these contests? Because for less than the cost of PURCHASING a good photo, they can have a contest and STEAL yours!
Some do not retain copyrights, but MOST ALL OF THEM DO!!
FSJ_Guy wrote:
NEVER give away your photos' rights. Why do you think they have these contests? Because for less than the cost of PURCHASING a good photo, they can have a contest and STEAL yours!
Some do not retain copyrights, but MOST ALL OF THEM DO!!
I've never, ever seen a contest where by submitting an image you transfer copyright. Very often, they do provide that by submitting an image you grant them a non-exclusive license to use it in any promotional material they want, sometimes for as long as they want.
Further, the point of these contests is occasionally to harvest (not steal...you're submitting them willingly) images, but most of them exist merely to generate fees or clicks and eyeballs.
Definitely read the terms to see if you can live with them before submitting.
ajkessler wrote:
I've never, ever seen a contest where by submitting an image you transfer copyright. Very often, they do provide that by submitting an image you grant them a non-exclusive license to use it in any promotional material they want, sometimes for as long as they want.
Further, the point of these contests is occasionally to harvest (not steal...you're submitting them willingly) images, but most of them exist merely to generate fees or clicks and eyeballs.
+1. I would only submit to contests where the name was recognizable. There are also contests for blogs that I subscribe to, so I trust them as well.
Note that I have serious doubts about this clause standing up if ever sued upon, but I would definitely avoid the contest in any case.
Also, I would imagine that these sorts of clauses aren't terribly malicious. When Google Chrome was announced they had a clause in their EULA that said any content "submitted, posted, or displayed" on their browser granted Google a perpetual royalty free license to use it how they saw fit. This was immediately struck from the EULA when people complained. Send an email if you don't like the terms; it might work.
Note that I have serious doubts about this clause standing up if ever sued upon, but I would definitely avoid the contest in any case.
I think there would be a little bit of trouble surrounding the clause where agreeing to the terms of the contest means that you also agree to sign any further documents to give effect to the clause.
In submitting photos to these contests, you just have to trust that the contest will not use your photo for an unethical purpose or will not restrict you from using your own photo. Doing either of these is just not in the contest's interests and not even worth their time.
mdude85 wrote:
I think there would be a little bit of trouble surrounding the clause where agreeing to the terms of the contest means that you also agree to sign any further documents to give effect to the clause.
Note that it says the entrant agrees to sign any future documents necessary to effectuate the assignment. My reading of copyright law tells me that all that's needed to effectuate a transfer is that there is a written memorandum of the agreement. Here, Costco would argue that this, at a minimum, qualifies as such a document, that submission of the image qualifies as a signature by the rights owner, and thus is an effective transfer that doesn't require any further signature. They would then likely claim that the "agree to sign further..." language is merely a safety net of some sort. Mind you, I don't think this is a very strong argument.
Doing either of these is just not in the contest's interests and not even worth their time.
I agree completely, but still wouldn't bother submitting stuff to these folks. YMMV
My gosh, I just entered this contest. Here, I was thinking that Costco was one of the decent places to do business with, and I didn't read every word of the rules. I just sent them an email stating that since I didn't agree with their rules, I wasn't an entrant and they get no rights what-so-ever and asked to destroy my photo.
I'm usually very careful about assigning rights, but this one caught me. Thanks for the info.
Dan Pick wrote:
My gosh, I just entered this contest. Here, I was thinking that Costco was one of the decent places to do business with, and I didn't read every word of the rules. I just sent them an email stating that since I didn't agree with their rules, I wasn't an entrant and they get no rights what-so-ever and asked to destroy my photo.
I'm usually very careful about assigning rights, but this one caught me. Thanks for the info.
hmmm...you may want to follow up with that. I am not sure your "after the fact" email would de-qualify you after you already submitted the photo
most contests state that, by sending the photo, you agree to the terms.
Here is what the sample clause/rule "License to Steal" your copyright from Smugsmug's contest :
Follow the links and instructions to upload your Photograph. Each participant shall be required to click where indicated to confirm that such participant agrees to be bound by these Official Rules. Any Submission that includes content that is deemed inappropriate, indecent, obscene or otherwise does not comply with the Content Restrictions, as determined by Sponsor in its sole discretion, shall not be eligible. Sponsor shall have the right to edit, adapt, and publish any or all of the Photographs, and may use them in any media and for any purpose with attribution to the name supplied at time of entry to The Contest and without compensation to the participant, his or her successors or assigns, or any other entity. ENTERING A SUBMISSION IN THIS CONTEST CONSTITUTES PARTICIPANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE, AND TRANSFERENCE TO SPONSOR OF THE FOREGOING RIGHTS. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries which are void. ...Show more →
mdude85 wrote:
How would it be stealing if you entered the contest and agreed to the terms willingly?
Because most people aren't aware that they are giving away the rights to their pictures when they enter. It's not clear language and it's buried in the fine print.
cwebster wrote:
Because most people aren't aware that they are giving away the rights to their pictures when they enter. It's not clear language and it's buried in the fine print.
That's theft in my book!
<Chas>
So if the people submitting the photos do not read the agreement, then Costco is stealing their work? This does not seem to make much sense -- maybe you can elaborate on your position?
The potential of glory or recognition possible from winning photo contests is not at all worth the risk of losing your intellectual property rights in the long term ......
I used to see that ONLY the winning image(s) & limited copyright and usage will be used as the sponsor requested or required, but nowadays, they're even blatantly take over all copyright from those just enter the contest, unknowingly. As for mdude85's comment -Yes, I agreed that it's not stealing since the contestant UNDERSTOOD the rule perfectly and willing to submit for a "lucky" chance to win.
I rather post my picture here or Flickr, Photo.Net, etc..., at least I get some c & C that could help improve my skills and not losing my copyright. Never from a contest. If I wanted to try my luck, I rather buy lottery tickets. Nevertheless, as a common saying: A sucker Born every minute!
Sam tran wrote:
to use your own quote: maybe you can elaborate on your position?
Sure. It is ironic that you would not submit your photos to a contest for fear of them being "stolen", in other words, being used according to terms you willingly agree to (and where copyright is not transferred, as far as I know). However, you would submit your photos to Flickr or Photo.net, sites where actual image theft is rampant and where you cannot control how other people use your image except as far as the Creative Commons licenses are concerned (assuming you can track down the people who stole your photos in the first place). People browsing Flickr, Photo.net et al actually are much more likely to steal your photos than Costco is. In fact, Costco won't steal your photos at all since you are submitting them willingly as we discussed before.
