Photo Contest Rules..

My employer (large global corporation - not photo/art related) is having a photo contest and I thought about sending in a few photos until I read this rule..

"Ownership of the submitted photographs and any copyrights therein, becomes the property of (employer) upon submission and (employer) shall have all rights for reproduction and display as well as all rights to create derivative works and to publish, reproduce or display those works in any format or combination."

Is this a common contest rule, and do you choose whether or not to enter a contest based on the rules? This just seems a little far-out, especially for an inner-company contest.

Thoughts?

Jeff

Jeff,

Contest rules run the gamut. I always read the rules carefully and then make a decision. I have found hidden fees and other strange requirements, including the one quoted. If it looks to good to be true, it probably is.

In my opinion, your company is looking to obtain images for multiple uses without having to pay usage fees to the photographers as well as to prevent the photographer from ever selling a license or making a print!

If I saw this, I would not enter!

-PB

I'd stay away for exactly the rule which you quoted. It seems to be fairly common to put language like this in the rules. In short, they are trying to make a buck off of your efforts.

Unless you are *really* desperate for photographic attention, there does not seem to be any good reason to enter. Your work is better than that.

Ha! The latest ploy to (sexually explicit term) anyone selling photos or services, along with employees. Your employer obviously checked into commercial rates and this is the response. "Why pay for photos when we can get them for free?"

It's fairly common in contests around the world, right or wrong. Buyer (or contestants) beware. But for an employer to foist this off on employees is a double (sexually explicit term).

Hank is right on. This is actually quite common. Read ALL the rules!

I'll jump on to the dog pile. I personally avoid any contest where my rights/copyright are forfeited or given away. Clearly they are out ot acquire imagery with out paying for it. How your employer could look someone in the face that has submitted and not feel guilty I don't know. The terms as you've explained are as extreme as I've ever seen.

Always read the fine print and protect your copyrights.

There is this "photo of the day" thing on one of our local news channels at 6. For years, I never saw a seriously good image on there. Eventually, I wondered why. I went to their site and noticed exactly the same "your image will become property of....." crap and that explained everything.

Thanks for the replies everyone. It seemed a bit over the edge to me too, especially for such a large/profitable corporation. I've seen rules where the winning entrants had to give up some or all rights, but to give up complete rights for every single photo entered? It was also rule 7 out of 11, and you had to click on 3 separate links to actually find the rules. I know it could be a coincidence, but it just seems like they're trying to steal from their own employees. The wining prizes are awful as well. I think a letter is in order - not like it will do anything anyway.

Jeff

FYI, unless you sign away your copyright to a photograph, it can not be taken away or considered to be transfered by so-called "boilerplate" conditions such as those found in contest rules -

¤ 204. Execution of transfers of copyright ownership

(a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent.

unless you sign something, the copyright remains with you, even if you submit a photograph...

of course, you might be asked to sign a transfer instrument if you win something, but you can always refuse to grant the transfer (and probably "lose" your award)...

Mark, a lot of contests seem to have a way around this. I frequently see a line at the end the entry form which says something along the lines of "sign here for entry" (and to agree to the rules!). Yes, you are right, but a lot of these "contests" will try to sneak this transfer by you.

At the very bottom of the electronic submission form it says this:

"By submitting a photograph as part of this competition you agree that all rights to the photographs submitted and any copyrights therein, are transferred to and become the property of (employer) upon submission."

What do you think?

Let's see if I can come up with an appropriate parallel.

"By allowing me to test drive this car, the owner agrees to transfer its title to me for free."

How many auto dealers would agree to those terms?