Posted by Bill Maile on August 11, 2010 at 9:02 AM
Now I know various forms of this question and topic have been discussed and rehashed from time to time. But I just went to enter a photo contest for publication for a regional visitor's bureau.
The first line of the disclaimer on the entry form reads...
"By checking this box, the applicant hereby agrees that all photographs submitted shall become the property of the EMVB (I just abbreviated the group name)."
Is it me, or is that kind of disturbing?? I mean, many of us enter contests/exhibits where we allow the use of the photos in promotional materials or pubs. But doesn't that sound like very strong language, and basically a sticky legal mess??
I'm sorry for bringing this up again, but I'd really like to know. I know when we take a photo, it automatically becomes copyrighted to the photographer. But "shall become the property" just kind of irks me and sounds like you would be assigning ownership to that group. Thanks in advance!
Just dont participate in these kinds of contests - the photograph that you have taken is your property. Why will you give up your rights? for what? Yes, you should do that if the proper price being paid - but many of these competitions are designed to get photo rights at low cost. No professional or smart photographers enter these craps
Posted by Bill Maile on August 11, 2010 at 11:05 AM
Of course you are correct on all counts.
The fastest response to an email I wrote I've ever gotten just arrived:
"Thank you so much for bringing this to our attention. We by no means meant to offend anyone or claim ownership of people’s photos. We are having that changed at this very moment on our photo contest form. We actually took that wording from another visitors bureau’s photo contest. Our apologies and thank you again for your email. It should be fixed in the next 15 minutes."
That's a really encouraging response Bill! May there be many more.
You'll laugh at the exchange I had with a local entity that used similar wording. I suggested I'd sign over rights to my photos if they'd sign over the titles of their cars to me. And they thought I was being entirely unreasonable!!!!
Posted by Lon Overacker on August 11, 2010 at 12:37 PM
Bill,
Actually the language is a little dated. Think back when entries to contests, magazines or whatever used to be by submitting a "photograph." You know, that picture printed on photo paper? Specifically it meant that they would not be returning that individual print. Having said that though in today's world of electronic submissions, these people need to be more explicit in their rights disclosures. Typically they may retain the right to use the "photograph" for promotional purposes, advertising, etc. related to the contest. If all that stuff isn't spelled out, yep, avoid it.
Great response you received and kudos for standing up and asking the question.
Good luck,
Lon
Posted by Bill Maile on August 11, 2010 at 1:14 PM
Man, that's a great point Lon about the wording being dated!! I bet you are 100% correct and it's just gotten copied down thru the years by different organizations. I explained to them that even advanced amateurs, never mind professionals, who read that would NEVER ever accept those terms. I got an immediate response and pointed out proper verbage that they HAD used in a print publicationo I saw.
Within about 15 minutes it was changed to:
By checking this box, the applicant hereby agrees that The (Organization) reserves the non-exclusive right to use any photograph(s) in publications or for promotional purposes. The applicant also acknowledges that any persons appearing in submitted photograph(s) have given the applicant and the (Organization) consent for reproduction and promotional use.
I don't think there was any evil intent, simple lack of understanding.
Discussion
6 repliesThe first line of the disclaimer on the entry form reads...
"By checking this box, the applicant hereby agrees that all photographs submitted shall become the property of the EMVB (I just abbreviated the group name)."
Is it me, or is that kind of disturbing?? I mean, many of us enter contests/exhibits where we allow the use of the photos in promotional materials or pubs. But doesn't that sound like very strong language, and basically a sticky legal mess??
I'm sorry for bringing this up again, but I'd really like to know. I know when we take a photo, it automatically becomes copyrighted to the photographer. But "shall become the property" just kind of irks me and sounds like you would be assigning ownership to that group. Thanks in advance!
The fastest response to an email I wrote I've ever gotten just arrived:
You'll laugh at the exchange I had with a local entity that used similar wording. I suggested I'd sign over rights to my photos if they'd sign over the titles of their cars to me. And they thought I was being entirely unreasonable!!!!
Actually the language is a little dated. Think back when entries to contests, magazines or whatever used to be by submitting a "photograph." You know, that picture printed on photo paper? Specifically it meant that they would not be returning that individual print. Having said that though in today's world of electronic submissions, these people need to be more explicit in their rights disclosures. Typically they may retain the right to use the "photograph" for promotional purposes, advertising, etc. related to the contest. If all that stuff isn't spelled out, yep, avoid it.
Great response you received and kudos for standing up and asking the question.
Good luck,
Lon
Within about 15 minutes it was changed to:
I don't think there was any evil intent, simple lack of understanding.