Apogee Magazine, enthusiastic supporters of the Artists' Bill of Rights, brought our attention to an article they had recently published entitled 'BEWARE: Photo Contests--Photo Fishing?' It is an excellent expose of the dangers lurking in the small print of many photo competitions and we asked for permission to publish an excerpt. We thank Apogee for their permission and now all you need to do to get clued up is to read on!
Photo Contests Revisited:
Are They Still "Photo Fishing"?
by Noella Ballenger & Apogee Photo, Inc.
(Revised May 2010 article)
Another year has nearly passed since we ran this article and it is definitely time to run it again. Why? Photo contests are becoming more creative every year and a new one just arrived on our "door step" and once again, it did "sound" enticing.
The first thing I always do is go directly to the "Terms" of a contest in hopes this time, this contest will be one that protects the photographer and the copyrights to their photo/s. NOPE! After reading the terms, I found this one even more blatant than most and I have to admit, it raised my blood pressure!
Why? They are using the submissions to the contest for publishing a book and for all you know, many books. How do I know, they tell you so!
Let’s take a look at some of the words they and others use: "... to copy, reproduce, transmit, create derivative works, post, reuse, display and distribute without limitations... in any media now or hereafter known, but not limited to...". Then they actually tell you the name of the book in which your photos will be used and also go on to say, "... publication of a book showing chosen entries...", which leaves the door open for them to use your photos in who-knows-how-many future books.
WATCH OUT--THEY CAN USE YOUR PHOTO ANYWHERE, AT ANY TIME AND IN ANY WAY THEY WANT!
SAY WHAT? You're going to take my submitted photo from the contest, put it in a book and make a profit from it? What about me?
First: You have the "privilege of paying" the individual/s (not necessarily a sponsor in the sense of a company supporting the contest--could be an individual calling themselves a Sponsor) to enter this once-in-a-lifetime photography project/contest!
Second: After you pay them to "accept" your photo/s submission/s, you get to sign away all of your rights to your photo/s and they get to publish a book and make a profit! Oh yes, what do you get? You get a minor prize and get to see your picture in a book! Do you receive any royalties or even a flat fee for the use of your photo/s--NO, remember YOU PAID THEM a contest fee and you signed away or entered the contest with the understanding that there would be no compensation! What an honor--what a privilege!
Here's where to look:.....
Ok, this is where the excerpt stops. If you'd like to find out more about really happens to your treasured photos when you submit them to the majority of contests just click on the word Apogee and you'll be whisked of to enlightenment!
Artists' Bill of Rights would like to thank Apogee Magazine for permission to publish this excerpt from the article written by Noella Ballenger and Apogee Photo, Inc.
