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gdanmitchell
I just saw Micheal's quick note pointing out the Nature Conservancy Photo Contest. Being a Conservancy member myself I was interested, and since it had Michael's recommendation I thought that perhaps this contest might be free of the onerous IP rights grab terms that apply in many similar contests. So, optimistic, I visited the contest page and went straight to their terms and conditions. (Sorry, but their links don't embed well.)

I was very disappointed to find the following:

By entering the contest, you hereby grant to The Nature Conservancy (i) a nonexclusive, worldwide, irrevocable, royalty-free license to reproduce, distribute, publicly display and publicly perform the photographs you submit to The Nature Conservancy, and (ii) the right to use your name, city, state and country of residence in promotions and other publications.

Reasonable contest terms would require the WINNER of the contest to agree to certain LIMITED uses of his/her photograph in ways CLEARLY RELATED TO THE CONTEST. The problems with these terms are multiple:

1. The terms essentially grant the Nature Conservancy (a very fine and worthy organization, to be sure) a free, unlimited license to use contest photographs in ways that are not defined.

2. There is no guarantee of credit for the free use of contest photographs. If they want to use it on a book cover, they can. Calendar? Check. Advertisement? Check.

3. The worst part - the terms apply to ALL ENTRANTS, not just the winners. "By entering the contest, you hereby grant..." the license described here. Again, while I am a supporter of the Conservancy, I am not a supporter of terms that grant them a full, unlimited, cost-free license to each of the potentially thousands of photographs submitted in this contest.

4. Note that the "name, city, state and country of residence in promotions and other publications" also extends to all entrants - not just the winner.

As photographers, we really need to start calling these organizations on this stuff. It is impossible to tell the innocent cases (an overactive young contract lawyer, perhaps?) from those with more malicious intent. Folks I've spoken with at other organizations conducting similar contest have reported that their corporate attorneys are fully aware of the rights that they acquire with this and similar language. In several cases when I have contacted contest sponsors (a recent contest promoted by a well-known photo blogger - who responded with a very offensive email - and a couple by the Sierra Club - of which I've been a member for decades) the response was angry, accusative and offensive - but always coupled with a claim that "we would never do anything unethical with the photographs."

I learned that signing a contract (and that's more or less what you do when you enter a contest and agree to its terms) that says one thing when the other party to the contract says something else is a bad idea. If there is no intent to use "entrants" photographs in virtually unlimited ways, then the terms and conditions language should be changed to reflect the real intent.

I think that photo contests can be a good thing. I am positive that it is possible to construct mutually agreeable terms and conditions that properly protect both contest entrants/winners and the sponsor and their affiliates, and when this happens there can be tremendous benefits for all parties.

Please pass this on. More photographers need to hear about and understand the onerous terms of these contests.

Thanks.

Dan
markhout
Dan -

Well noted, and in addition see: http://luminous-landscape.com/forum/index....showtopic=36635

I agree with your points, but I also know that the number of excellent photographers that cheerfully submit images, fully aware that they sign over all rights (even if they are not selected as 'winners'), should not be underestimated. I'm sure that these organizers can still count on good quality submissions and grab all rights at the same time - a great way for them to obtain top-notch content!

With your comments and the above-referenced NY Times comments re: Flickr it seems to me that photography goes the way of music: content (MP3s) is free or almost free, protecting rights is impossible or too expensive and the public or sponsors will only pay for assignments (concerts!).

My 2 cents.

Mark

Edit:
PS:

Yours is a very nice website, by the way!
Chris_T
QUOTE (gdanmitchell @ Aug 10 2009, 08:00 PM) *
As photographers, we really need to start calling these organizations on this stuff.

I learned that signing a contract (and that's more or less what you do when you enter a contest and agree to its terms) that says one thing when the other party to the contract says something else is a bad idea. If there is no intent to use "entrants" photographs in virtually unlimited ways, then the terms and conditions language should be changed to reflect the real intent.

I think that photo contests can be a good thing. I am positive that it is possible to construct mutually agreeable terms and conditions that properly protect both contest entrants/winners and the sponsor and their affiliates, and when this happens there can be tremendous benefits for all parties.

Please pass this on. More photographers need to hear about and understand the onerous terms of these contests.

Thanks.

Dan


Dan, thank you for making my day. For the longest time, I thought I was the lone crusade writing to these organizations. We really need to join forces and educate them to have some respect for our rights (fat chance?).

Here are a few more such calls:

http://www.nps.gov/nero/nhlphoto/2009EntryForm.pdf

http://www.boston.com/travel/getaways/us/s...onalparksrules/

In addition to the multiple problems you listed, I would include the following:

5. Many still ask for 300ppi submissions (for no good reason).

6. When credits are given, many would only display the names, but without any contact info.

7. Many would not clearly spell out the terms of use or mention credits would be given. Nor would they respond when inquired.

Good calls would benefit both parties, but are hard to come by. Bad calls hurt both. Many would feel ill at ease submitting their best work, and the callers would end up with the clue less or desperate.
jasonrandolph
It's an issue that's not going to go away, but it is important for photographers to be informed. We should all read the fine print every time we submit our work, and never rely on good intentions to protect it.
Kumar
This site is seen by thousands of amateur and professional photographers every day. Can we have a forum where people could submit information about such rights-grabbing contests? It would be interesting to hear of contest entrants' and winners' experiences as well - whether their images were used in ads, or in areas unconnected with the contest, whether proper contact information was included with their photos, etc. Good contests which respect the photographers' rights should also be included in the scope of the forum. It could become a very valuable resource.

Kumar
gdanmitchell
QUOTE (Kumar @ Aug 12 2009, 07:49 PM) *
This site is seen by thousands of amateur and professional photographers every day. Can we have a forum where people could submit information about such rights-grabbing contests? It would be interesting to hear of contest entrants' and winners' experiences as well - whether their images were used in ads, or in areas unconnected with the contest, whether proper contact information was included with their photos, etc. Good contests which respect the photographers' rights should also be included in the scope of the forum. It could become a very valuable resource.

Kumar


I think this sounds like a fine idea, but some care would need to be taken about accuracy and so forth. If one was not careful, making the wrong kinds of claims might be libelous. A good course of action might be to post copies of the terms and perhaps explanations of what they meant... letting others draw conclusions.

I had a run-in with the well-known of a photo web site who was conducting such contest. I posted the terms and pointed out the problems they presented. Although the exchange between myself and an individual I'll refer to as "SB" - which included some very insulting email from "SB" - included accusations that my post was factually inaccurate, my offer to retract my post if he would tell me what was inaccurate about it was never accepted.

I will tell you that some of these sponsors get quite irate when one brings this stuff up. Although I've been a lifelong member of the Sierra Club, when I pointed out the objectionable terms of their photo contests I was subject to some very personal and angry attacks from Club representatives. Not fun stuff, and these groups don't like being questioned.

Dan
Kumar
[quote name='gdanmitchell' date='Aug 13 2009, 01:36 PM' post='303471']
I think this sounds like a fine idea, but some care would need to be taken about accuracy and so forth. If one was not careful, making the wrong kinds of claims might be libelous. A good course of action might be to post copies of the terms and perhaps explanations of what they meant... letting others draw conclusions.

Dan


I can see where there might be problems, but if, as you suggest, the terms and conditions of the contests are merely copied, and the offending clauses highlighted, without comment, say like this, it might work?

Kumar

EDIT UK photographers note: pro-imaging is supporting a petition to the UK government placed by PhotoLegal that asks "the UK government to enact legislation that would prohibit organisations from claiming intellectual property rights from people entering competitions."
Chris_T
QUOTE (gdanmitchell @ Aug 13 2009, 05:36 AM) *
I will tell you that some of these sponsors get quite irate when one brings this stuff up. Although I've been a lifelong member of the Sierra Club, when I pointed out the objectionable terms of their photo contests I was subject to some very personal and angry attacks from Club representatives. Not fun stuff, and these groups don't like being questioned.

Dan


I experienced the same, if and when they bothered to respond. But I don't expect anything different, considering that:

- These non-profits tend to believe that they are not held accountable for anything.

- Unlike calls from galleries, calls from non-profits like the ones cited here typically do not result in monetary gains. Nor are they looking for the best work. As long as they get some submissions, they would be happy. There is little incentive for them to change their behaviors.

- Those who draft the calls may not understand or appreciate the problems pointed out to them, or if they do, they may not be in the position to make any changes. Often, they would respond that they are volunteers, as if volunteers do not need to be knowledgeable, competent and considerate.

No, I don't anticipate things will change dramatically. But there are good calls out there. And we should continue to bring those to the attention of the bad callers. Perhaps we can start sharing what we consider to be good calls.
Gary Brown
FWIW, I get the impression that some of the non-profit "contests" are thinking in terms of volunteers and donations.

For example, the Nature Conservancy page about the contest says, at the top, "Submit Your Nature Photos Via Flickr™ to our 4th annual photo contest. Your photos will help inspire others to protect our natural world."

So perhaps it's really meant as a request for people to donate photos to the cause, and the real problem is mostly that they call it a photo contest, which normally doesn't involve donating anything. If they had called it a pledge drive seeking donated photos (asking for "volunteer photographers," more or less, versus donations of cash or other services), it would be less of an issue.
markhout
QUOTE (Gary Brown @ Aug 14 2009, 04:30 PM) *
So perhaps it's really meant as a request for people to donate photos to the cause, and the real problem is mostly that they call it a photo contest, which normally doesn't involve donating anything. If they had called it a pledge drive seeking donated photos (asking for "volunteer photographers," more or less, versus donations of cash or other services), it would be less of an issue.


Excellent point. I have seen such requests - see other Flickr groups, even for outright commercial purposes (I recall the Ford ads). At least it would clarify the purpose.
tim wolcott
I have been working with them for the 22 years. Doing mostly free photoshoots for them to help them preserve some lands I thought needed some help.

I even helped them design brochures and portfolios, that have raised tens of millions dollars for new preserves through grants and others monies.

Yes your right, for an organization to ask for this royalty free and use for ever, is not only a joke but down right insulting to all photographers.

Its amazing to me that we give and we help but have not gotten usually as much as a thank you in return. Afterall with all their money and fundraising, they atleast buy some rights.

We all have bills and new gear to buy. Tim
gdanmitchell
QUOTE (markhout @ Aug 14 2009, 08:49 AM) *
Excellent point. I have seen such requests - see other Flickr groups, even for outright commercial purposes (I recall the Ford ads). At least it would clarify the purpose.


Regarding the "contests are really solicitations for photo donations" point... I think that in some of these cases you are correct, and that some of the individuals working on the contest imagine that photographers would be willing to "donate their work" to the cause.

The irony is that they are actually correct. I would, indeed, donate a LIMITED ONE-TIME LICENSE to use certain of my photographs to such groups. In fact, in a few rare cases I have done so - in a couple cases to the very same groups that run these contests. I'll bet that if a few of them were straight with us and asked for photographers to donate such a limited license that there are circumstances in which many of us would consider it. We would do this partly because we believe in the causes that these groups support and partly with the recognition that certain photographic placement with appropriate credit to use might constitute a reasonable "win" for both the photographer and the group.

But that isn't what happens in these contests.

There is no guarantee of any credit to the photographer. The sponsor's right to use the photo is often essentially unlimited. The sponsor's rights often extend to affiliates (including product vendors and marketing affiliates) with whom the photographer has no relationship.

Would I permit the Sierra Club, the Nature Conservancy, one of my west coast redwood preservation groups to use one of my photographs for free in certain limited ways? Absolutely. Would I give any of them the sort of license they acquire by means of these contest terms? No!

Dan
JohnKoerner
I suppose I am a little late to this party, but I am glad to see I am not alone in the feelings shared here.

As an aspiring photographer, I too have wanted to enter some of these contests ... until I read the language that (basically) these organizations seem to want "free photos" from photographers everywhere around the world, from which to pick and choose some real gems for their own agenda, with absolutely no benefits conferred to any photographer. Well, except a select few who 'win': they get a cup of coffee and a firm handshake for their efforts as their 'award.' (Okay, to be fair, the winner of the Nat. Geo gets a nice prize.)

Still, it is nice to know that I am not alone in my sense of outrage, and that other photographers have felt the same sense of "WTF?" that I felt, when the language of these contest rules basically strips every photographer of all his rights to his own submitted images ...

To win a contest, people are going to submit their best work, and so these contests basically ask all photographers to send them their best work, for the free unlimited use potential of the contest holders. Where is the respect for the photographer and his efforts, and where is the motivation for anyone to do that?

Jack


.
rwzeitgeist
QUOTE (Kumar @ Aug 12 2009, 09:49 PM) *
This site is seen by thousands of amateur and professional photographers every day. Can we have a forum where people could submit information about such rights-grabbing contests? It would be interesting to hear of contest entrants' and winners' experiences as well - whether their images were used in ads, or in areas unconnected with the contest, whether proper contact information was included with their photos, etc. Good contests which respect the photographers' rights should also be included in the scope of the forum. It could become a very valuable resource.

Kumar


The Photo Attorney blog is an excellent blog to reference for a somewhat ongoing discussion of rights grabs by contests. Carolyn E. Wright, the author, practices law with a primary focus on photographers.

Bob
Chris_T
Yet another inconsiderate call from NPS.

http://www.boston.com/community/photos/raw...hy_contest.html
markhout
QUOTE (Chris_T @ Oct 21 2009, 08:45 AM) *
Yet another inconsiderate call from NPS.

http://www.boston.com/community/photos/raw...hy_contest.html


Even good old Ansel's foundation:

http://anseladamsgallery.smugmug.com/Other.../9089623_NaPur#
ceyman
QUOTE (Chris_T @ Oct 21 2009, 07:45 AM) *
Yet another inconsiderate call from NPS.

http://www.boston.com/community/photos/raw...hy_contest.html


Chris,

If that is you who logged in to the Boston.com blog as Fairnsquare I'd be interested in what comes out of your conversation with the NPS. It sounds like this may be a chance to bring about some change.

JeffKohn
QUOTE (markhout @ Oct 21 2009, 09:22 AM) *

I don't see a problem with those guidelines, and I would suggest if you have a problem with them you might as well resign yourself to never entering any contest of any kind because you won't find any terms better than that. To quote:

QUOTE
Sponsor shall have the right to edit, adapt, and publish any or all of the Photographs, and may use them in any media in marketing or advertising related to The Contest 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.
(bold emphasis mine).

This isn't a rights grab, they're not saying they can use the image for any purpose they want, or resell it, etc. They're saying it could be used in marketing for our about the contest, and they even say they'll provide a photo credit. What's to dislike about that?
markhout
This is from the Ansel Adams contest rules.

"Participants, by participating in this Contest, hereby waive and release, and agree to defend, indemnify and hold harmless, Sponsor, SmugMug, Inc., all contest and advertising agencies, and their respective parents, subsidiaries, affiliates, distributors, and all of their respective officers, directors, employees, representatives and agents, and their respective successors and assigns (the “Indemnified Parties”), from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from: their acceptance, possession, use or misuse of the prize in the Contest; or their participation in the Contest; or the use of the Photograph, including without limitation any claims relating to violations of the Content Restrictions."

Not very easy to read, but from what I understand there is simply no claim possible.

As noted above, this is just a reminder that everyone should read the rules and decide whether to submit based on what they feel comfortable with. I don't believe that this is a rights grab (so I agree with Jeff), but rather an agreement not to claim if images are used for any purpose by a very broad group of "Indemnified Parties".
Chris_T
QUOTE (ceyman @ Oct 21 2009, 04:10 PM) *
Chris,

If that is you who logged in to the Boston.com blog as Fairnsquare I'd be interested in what comes out of your conversation with the NPS. It sounds like this may be a chance to bring about some change.


As Fairnsquare stated in that thread, his first attempt in another thread to get that blogmistress to address the copyright issue got no response:

http://www.boston.com/community/photos/raw...to_contest.html

When the blogmistress restated that "this contest does not take your copyright" for the Lowell call, as if that has any meaning, I suppose Fairnsquare couldn't help but reiterated his points. I think NPS's offer to speak with him in private may just be an attempt to pacify him. If NPS really agrees with his reasoning, they could easily reword the contest rules, or promise to do so in the future.

What we need is more photographers speaking up, like Fairnsquare and many here. If we don't act to protect our rights ourselves, we can't expect others to.
JeffKohn
QUOTE (markhout @ Oct 21 2009, 11:34 AM) *
This is from the Ansel Adams contest rules.

"Participants, by participating in this Contest, hereby waive and release, and agree to defend, indemnify and hold harmless, Sponsor, SmugMug, Inc., all contest and advertising agencies, and their respective parents, subsidiaries, affiliates, distributors, and all of their respective officers, directors, employees, representatives and agents, and their respective successors and assigns (the “Indemnified Parties”), from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from: their acceptance, possession, use or misuse of the prize in the Contest; or their participation in the Contest; or the use of the Photograph, including without limitation any claims relating to violations of the Content Restrictions."

Not very easy to read, but from what I understand there is simply no claim possible.

As noted above, this is just a reminder that everyone should read the rules and decide whether to submit based on what they feel comfortable with. I don't believe that this is a rights grab (so I agree with Jeff), but rather an agreement not to claim if images are used for any purpose by a very broad group of "Indemnified Parties".

That's an indeminify clause though, basically it's CYA for them if the photo turns out to something that you didn't have the right to publish or enter int he contest (for instance, it's not your picture, or it depicts a person you didn't get a release for, etc). I don't think there's anything there that gives them the right to use your image beyond what's outlined in the paragraph I quoted from in my first post.
ceyman
QUOTE (Chris_T @ Oct 21 2009, 11:59 AM) *
What we need is more photographers speaking up, like Fairnsquare and many here. If we don't act to protect our rights ourselves, we can't expect others to.


Oh, I agree completely. Also, speaking up makes others aware of what rights they are giving up. Actually, the Ansel Adams contest conditions seem reasonable and a good model for others to use. I'd suggest pointing those out to others holding contests as a model. Those who intend to steal your work will not care. Those who are sincere, but just copied someone else's conditions might take notice and change.

Carl
gdanmitchell
QUOTE (Chris_T @ Oct 21 2009, 09:59 AM) *
NPS's offer to speak with him in private may just be an attempt to pacify him. If NPS really agrees with his reasoning, they could easily reword the contest rules, or promise to do so in the future.

What we need is more photographers speaking up, like Fairnsquare and many here. If we don't act to protect our rights ourselves, we can't expect others to.


I've also encountered the "speak to use in private" business. In one case regarding a contest run by a well-known photo blog the person who runs the site sent me an incredibly unprofessional (and borderline wacko) personal email for having dared to mention the contest terms in public. Basically I had quoted the terms in a blog post. When this person accused me of posting an error-filled article, I offered to correct any inaccuracies in my post... but the person (who will remain unnamed for now) never pointed any errors. (I noted later that this person and his associates did change the terms of some of their following contests. :-)

I think that the "speak to me in private" request could be regarded as a partial success, but the follow-up steps must necessarily include the potential to speak publicly again. Essentially, the "speak in private" request demonstrates that there is a power in speaking of these things in public and that the sponsors both see the problem and fear that they would not look good in a public discussion.

If one is to have a "private conversation" about this with the sponsors, one needs to be very careful. I would certainly not agree that the outcome of the conversation should remain private, for example. I would certainly not agree to "discuss it in private and agree to keep it private."

The onerous rights-grabbing language used in many of the contests, if seen and understood by the public and the constituents of many of these groups, would damage their credibility. I'm thinking specifically of two run-ins I had. In one case I pointed out such a problem to the Sierra Club - a group that I have been a member of for decades - and I received two responses. One was an incredibly personal and angry attack. (I'm seeing a pattern here, by the way.) The other was a dismissive "we'd never do anything bad with the photos so why worry" response. (A second pattern.)

If the group would "never do anything bad with the photos," then they clearly should change the language of their contest terms so that their good intentions are clear. If they would never use the non-winning images of entrants, or let their affiliates use them, or use them without credit... and so forth... then there is no reason to include agreement terms that permit them to do those exact things and more.

(If you were signing a loan that permitted the party loaning the money to you to, oh, hold weekly parties at your home at your expense and give you no control over the guest list, assigned you all legal liability for anything that happened... and the other party said, "but, of course, we'd never actually do that!"... would you sign the loan papers? If no, why would would you agree to similar terms in a photo contest. If yes, please seek professional help! :-)

Dan
slobodan56
QUOTE (gdanmitchell @ Oct 26 2009, 10:09 AM) *
... why would would you agree to similar terms in a photo contest...

I agree 99% with everyone who thinks along your lines about rights-grab contests. The 1% is reserved for this angle: how many people actually suffered from the rights grab, done by a reputable institution (say NG or Sierra Club)? I know it is not the point, such legalese should not be there in the first place... and photographers should continue the pressure to remove it. But again, in real life, there are two questions here: 1. should the language be changed (of course it should) and 2. should we refuse to participate before it is changed. And that is where my original question comes into play: in real life, how many actually suffered from such rights grab? I support and applaud any effort (including yours here) to raise the awareness of bad legalese, including special forums or sites that list contests with it, but I am really curious to see a similar list of people reporting real-life abuse of contest terms.
Nick Rains
QUOTE (slobodan56 @ Oct 26 2009, 04:15 PM) *
I agree 99% with everyone who thinks along your lines about rights-grab contests. The 1% is reserved for this angle: how many people actually suffered from the rights grab, done by a reputable institution (say NG or Sierra Club)? I know it is not the point, such legalese should not be there in the first place... and photographers should continue the pressure to remove it. But again, in real life, there are two questions here: 1. should the language be changed (of course it should) and 2. should we refuse to participate before it is changed. And that is where my original question comes into play: in real life, how many actually suffered from such rights grab? I support and applaud any effort (including yours here) to raise the awareness of bad legalese, including special forums or sites that list contests with it, but I am really curious to see a similar list of people reporting real-life abuse of contest terms.


How many people actually suffered for a rights grab? Come on, as you yourself say, that is so missing the point. Would you send your images to someone who offered to pay nothing for them, not credit them and claim the right to do anything with them they choose, including selling them?

Duh, I think not...

If it was only winners who had to agree to some form of usage agreement, well (mostly) fair enough since there has been a reward of some kind. But these competitions are often claiming the right to use and even sell any images that were only submitted. They are playing on the pathetic eagerness of so many people with cameras by offering the merest possibility of getting 'published'.

It makes my blood boil and I have had this out with some organisers here in Australia with very limited success.

There's a current Canon competition which seems to be a good model - I can't think of its title but all image uses were limited to the promotion of the product and competition.

Our own terms in our magazines' competitions limits use of submitted images to education or publicity for the magazine. It means we might use the images to promote next year's competition or use the images in one of our article (with full attribution) if they illustrate some technique. They will never be sold, or offered to anyone else for any purpose - they are not our pics!

I say to people, in no uncertain terms, that they should NEVER enter any competition that claims unlimited usage rights (including on-selling) for submitted images. Internal use and product PR is OK, but on-selling is simply stealing wrapped up with a nice pink bow.
Jeremy Payne
QUOTE (Nick Rains @ Oct 27 2009, 03:55 AM) *
I say to people, in no uncertain terms, that they should NEVER enter any competition that claims unlimited usage rights (including on-selling) for submitted images. Internal use and product PR is OK, but on-selling is simply stealing wrapped up with a nice pink bow.


Um ... then don't enter the contest ... but why advise others not to enter? I'm fine with the Nature Conservancy using my work to promote conservation - as are lots of people, I would imagine.

Not everyone is a pro ... and if you are, why are you thinking about entering such a competition?
slobodan56
QUOTE (Nick Rains @ Oct 27 2009, 02:55 AM) *
... Our own terms in our magazines' competitions limits use of submitted images to education or publicity for the magazine. It means we might use the images to promote next year's competition or use the images in one of our article (with full attribution) if they illustrate some technique. ... Internal use and product PR is OK...

Hmmm... Most magazines (yours included) are commercial enterprises... using an image to "illustrate some technique" appears to be for commercial purposes as well (helps sell the magazine and ad space)... so, why is it o.k. NOT to pay for it? By only attributing it to the author, but not paying him, aren't you also exploiting his vanity, in a similar manner those contests do? Aren't you also:

QUOTE
... playing on the pathetic eagerness of so many people with cameras by offering the merest possibility of getting 'published'.

Most people submitting to your contest are doing so to win, not to provide you with free material for possible publication. And to add insult to injury, not only you publish their pictures for free, you call them "pathetic" on top of that.
Nick Rains
QUOTE (Jeremy Payne @ Oct 27 2009, 02:31 PM) *
Um ... then don't enter the contest ... but why advise others not to enter? I'm fine with the Nature Conservancy using my work to promote conservation - as are lots of people, I would imagine.

Not everyone is a pro ... and if you are, why are you thinking about entering such a competition?


I'm ranting not entering!

I only enter comps that have fair and decent T+Cs.
Nick Rains
QUOTE (slobodan56 @ Oct 27 2009, 05:35 PM) *
Hmmm... Most magazines (yours included) are commercial enterprises... using an image to "illustrate some technique" appears to be for commercial purposes as well (helps sell the magazine and ad space)... so, why is it o.k. NOT to pay for it? By only attributing it to the author, but not paying him, aren't you also exploiting his vanity, in a similar manner those contests do? Aren't you also:


Most people submitting to your contest are doing so to win, not to provide you with free material for possible publication. And to add insult to injury, not only you publish their pictures for free, you call them "pathetic" on top of that.



OK, so my wording was a bit strong. I have a bee in my bonnet about these things and got carried away - apologies...

Just to be clear, our magazines' comp currently has a pretty decent $5000 prize, and we publish the winner's pics (or course). Other entries might get used, with re-affirmed permission, and they get a free magazine if so. So we do indeed pay.

What I was railing against was the blatant exploitation of amateur photographers' strong desire to be seen in print, even if it means fully giving away the picture against the slight chance of being published.
Jeremy Payne
QUOTE (Nick Rains @ Oct 27 2009, 01:59 PM) *
OK, so my wording was a bit strong. I have a bee in my bonnet about these things and got carried away - apologies...

Just to be clear, our magazines' comp currently has a pretty decent $5000 prize, and we publish the winner's pics (or course). Other entries might get used, with re-affirmed permission, and they get a free magazine if so. So we do indeed pay.

What I was railing against was the blatant exploitation of amateur photographers' strong desire to be seen in print, even if it means fully giving away the picture against the slight chance of being published.


This is a non-profit conservation organization - essentially by entering the contest, you are making an in-kind donation to the Nature Conservancy. Maybe that could be more clear in the collateral, but I don't see it as egregious a rights grab as I would if it were a commercial entity.

Is your magazine a commercial, for-profit enterprise?
Rob C
QUOTE (Nick Rains @ Oct 27 2009, 06:59 PM) *
OK, so my wording was a bit strong. I have a bee in my bonnet about these things and got carried away - apologies...

Just to be clear, our magazines' comp currently has a pretty decent $5000 prize, and we publish the winner's pics (or course). Other entries might get used, with re-affirmed permission, and they get a free magazine if so. So we do indeed pay.

What I was railing against was the blatant exploitation of amateur photographers' strong desire to be seen in print, even if it means fully giving away the picture against the slight chance of being published.







Nick, the problem is ancient and won't go away; it's part of what is killing professional photography in many areas, particularly stock. It is all about vanity and dreams, and as long as people have them there is no hope of change.

In my humble, the large stock agencies tried to fight this in their way, saw it was a losing battle so changed tactics and tried to buy out the cheapo/free competition as best they could.

Recent annoucements concerning one of the Big Two prompts me to think that this isn't working either.

I imagine that the only people who will survive to fight another day are the few doing highly sophisticated work in commerce and/or those running their own print sales operations and well enough hung to require little extra income in the first place. As for the rest, them bells is tollin'...

Rob C
Jeremy Payne
QUOTE (Rob C @ Oct 27 2009, 02:29 PM) *
it's part of what is killing professional photography


I can understand Nick's principled position - and would agree with him 100% if the Nature Conservancy weren't a legitimate conservation non-profit ... but ...

Your professional skills must be seriously limited and your comparative advantage quite slim if they are threatened by non-professionals entering contests sponsored by a well-established conservation organization.

Wally
QUOTE (Jeremy Payne @ Oct 27 2009, 09:31 AM) *
Um ... then don't enter the contest ... but why advise others not to enter? I'm fine with the Nature Conservancy using my work to promote conservation - as are lots of people, I would imagine.

Not everyone is a pro ... and if you are, why are you thinking about entering such a competition?


Exactly. I think what many people fail to realize is that for many people photography is hobby nothing more nothing less. With regards to Nature and Landscape photography many of us (myself included) also view our outdoor time in the field as a hobby.

When such contests are offered by non-profit groups you can either enter to support the group, or not enter. The choice is up to you. As a general rule I never enter any photography contests because I am lazy and don't want to spend the time and/or money to do so. However I would glady donate any image of mine for a group such as the Nature Conservancy to use however they see fit. If they took an image of mine and made millions of dollars off of it GREAT! Since I have no means to give away that kind of money if a simple photograph that cost me nothing to make, can make them money good for them.

I have seen it claimed manyh times that gear is not free and as such we should never give any image away regardless of the situation. That is really not a valid argument for hobbyist photographers because we buy all our gear to support our hobby and as such we would have spent the money if they use the shot or not.
slobodan56
QUOTE (Rob C @ Oct 27 2009, 01:29 PM) *
... the problem is ancient and won't go away; it's part of what is killing professional photography in many areas, particularly stock. It is all about vanity and dreams, and as long as people have them there is no hope of change...

Hehe... blaming it on vanity and dreams is like blaming world's problems on water and fire. Vanity and dreams have been with us since the down of the mankind, i.e., long before photography was invented, therefore can hardly be held responsible for the demise of the profession.

Coincidentally, aren't vanity and dreams the very foundation of fashion industry, and thus professional fashion photography? smile.gif

P.S. Did not mean to sidetrack this thread about competitions and right grabs.. just could not resist the comment
Rob C
There is something fascinating in the manner in which anything written on this site can be seized, totally misunderstood - possibly willfully - and turned into meaning something entirely different.

"Your professional skills must be seriously limited and your comparative advantage quite slim if they are threatened by non-professionals entering contests sponsored by a well-established conservation organization."

The remark that I made was addressed to the profession of photography in general and not exclusively at competitions which are somewhat periferal to any pro's interest.

The threat from the non-pro comes from his supplying of the requirements of the buyer's bottom line. It has nothing to do with the pro's skills or lack of them; it has everything to do with the professional people who make buying decisions based on twenty cents a shot and the fact that accountants have authority over art directors/buyers

"Coincidentally, aren't vanity and dreams the very foundation of fashion industry, and thus professional fashion photography? "

Indeed they might be, but the fashion industry isn't built on twenty cents a shot; particularly do the "dreams" of fashion photographers not live within the domain of the cheap.

But as I suggested when I came in, there is nothing that can't be altered, twisted or manipulated to mock or ridicule the professional attitude; it all becomes so predictable, probably based on envy and the hatred of anyone who might, just might, have managed to live well by doing something others can only wish that they could.

But it's nine twenty-three in the morning, I have the breakfast dishes to clean up, a shower to take, the bank to go to and then lunch to worry about after that...

Rob C

Jeremy Payne
QUOTE (Rob C @ Oct 28 2009, 04:36 AM) *
There is something fascinating in the manner in which anything written on this site can be seized, totally misunderstood - possibly willfully - and turned into meaning something entirely different.


Sorry - it wasn't clear to me that we (i.e. you) had stopped discussing the topic at hand and had started rambling on about unrelated things ...
slobodan56
Rob,

You raised some interesting points in your last post (#35), and I'd love to debate them, but I already feel guilty for sidetracking this thread, so perhaps we'll meet again in some other thread?

As for your lunch, have a nice one! smile.gif
Chris_T
QUOTE (ceyman @ Oct 21 2009, 04:10 PM) *
Chris,

If that is you who logged in to the Boston.com blog as Fairnsquare I'd be interested in what comes out of your conversation with the NPS. It sounds like this may be a chance to bring about some change.

Lowell NPS' response and revised rules at:

http://www.boston.com/community/photos/raw...hy_contest.html

After speaking with a number of photographers regarding copyright and license issues, we've amended our contest rules to be more progressive and flexible to the individual entrant. Thank you for all the feedback.

IMAGE COPYRIGHT, USAGE LICENSE, AND RELEASES
By entering the Contest, all entrants grant a non-exclusive, royalty-free license to Lowell National Historical Park and its Authorized Parties, to reproduce, distribute, display and create whole or in part derivative works of the entries. However, all entrants retain ownership and copyright of their entries and are not restricted in the future use of their images.

If an entrant's image is not a finalist/winner and the entrant does not want their entries used/archived/published by Lowell National Historical Park, they may elect to "Opt-Out" of this license condition on the official contest form.


They followed one of Fairnsquare's suggestions to allow opting out. But they kept the meaningless statement "all entrants retain ownership and copyright of their entries and are not restricted in the future use of their images". And did not include giving credits.

A small imperfect but important step. Speaking up MAY bring about changes. Keeping silent definitely won't.
Nick Rains
QUOTE (Chris_T @ Oct 29 2009, 12:43 PM) *
IMAGE COPYRIGHT, USAGE LICENSE, AND RELEASES
By entering the Contest, all entrants grant a non-exclusive, royalty-free license to Lowell National Historical Park and its Authorized Parties, to reproduce, distribute, display and create whole or in part derivative works of the entries. However, all entrants retain ownership and copyright of their entries and are not restricted in the future use of their images.



I wonder what 'distribute' means in the above T+C.

It's just not about the comp organisers using the pics for their own benefit, it's also about rights control. Photographers have been sued when an image has been used by two clients who both thought it was an exclusive use. If you have images floating around with unrestricted rights then you lay yourself open to this awkward situation cropping up. Also, no mainstream image library will take images unless they know them to be exclusive to them. Any images submitted to comps cannot therefore be put into image libraries since they could show up anywhere. This does limit the photographers rights regardless them 'keeping copyright'.

Amateur or pro, giving away your hard earned images for nothing is not a good idea.
Rob C
QUOTE (Jeremy Payne @ Oct 28 2009, 02:06 PM) *
Sorry - it wasn't clear to me that we (i.e. you) had stopped discussing the topic at hand and had started rambling on about unrelated things ...






That's called the freer spirit, Jeremy, the little breath of life that differentiates the wooden from the flexible. I would hate the rôle of martinet and am perfectly happy leaving it to others...

As for unrelated things - really?

Rob C
Jeremy Payne
QUOTE (Nick Rains @ Oct 30 2009, 04:09 AM) *
Amateur or pro, giving away your hard earned images for nothing is not a good idea.


You are seriously missing the point ... it isn't for nothing, it is for the cause of conservation.

QUOTE (Rob C @ Oct 30 2009)
As for unrelated things - really?


I'm sure you have a sink to clean or something, no?
Gary Brown
QUOTE (Nick Rains @ Oct 30 2009, 04:09 AM) *
Amateur or pro, giving away your hard earned images for nothing is not a good idea.

Isn't that an argument against all charitable contributions? It seems, in effect, just like saying, "Giving away your hard earned money for nothing is not a good idea."
Jeremy Payne
QUOTE (Gary Brown @ Oct 30 2009, 08:58 AM) *
Isn't that an argument against all charitable contributions? It seems, in effect, just like saying, "Giving away your hard earned money for nothing is not a good idea."

Exactly.

... but ... by doing so, we are "stealing" professional opportunities. If we were to refuse them, they might be forced to buy stock images to promote the cause. We're killing the profession of photography by undercutting the prices - at least in this market.

What a load of hooey.
TimG
What's killing photography isn't amateur photo contests. It also isn't digital. It's something the trades have offered for years which the professional photographic community sorely lacks - organization.

You don't see carpenters, plumbers, or electricians lamenting the loss of jobs to untrained professionals, and why is that? They've banded together, forming unions which, unlike the "professional organizations" photographers typically join - ASMP, PPA, NANPA, etc., (all which use a "pay to play" membership model, making their organizations have about as much professional "merit" as NAPP), actually mean something. These trade unions offer extensive, multiple-year training and apprenticeships the likes of which are non-existent today in photography. Sure, you can "assist" a "working pro" for a number of years, even become a "pro assistant", but what does that mean, really? Is that standardized? Nope. With the unions, it is. 7 years from apprentice (assistant) to journeyman (pro), and with clearly defined increases in pay/benefits.

But go ahead, keep paying into the coffers of the likes of Scott Kelby at the low low rate of $100/yr to show you how to swap heads on bikini models. I'm sure there's a huge market for that somewhere.
Nick Rains
QUOTE (Jeremy Payne @ Oct 30 2009, 12:46 PM) *
You are seriously missing the point ... it isn't for nothing, it is for the cause of conservation.


I'm clear on the point.

If you are keen to support a worthy cause just let them use the pics free of charge, that's what I do. That's not the same as giving them away since I retain the rights.

The charity aspect is irrelevant to this discussion about rights grab competitions.
Rob C
QUOTE (Jeremy Payne @ Oct 30 2009, 12:46 PM) *
I'm sure you have a sink to clean or something, no?




Wot! You still stuck in there?

Rob C
Jeremy Payne
QUOTE (Nick Rains @ Oct 30 2009, 03:43 PM) *
I'm clear on the point.

If you are keen to support a worthy cause just let them use the pics free of charge, that's what I do. That's not the same as giving them away since I retain the rights.

The charity aspect is irrelevant to this discussion about rights grab competitions.

Actually, it isn't irrelevant at all. This is about the Nature Conservancy's rules and the contest rules do exactly what you suggest ... the rules don't strip you of your rights, they just grant the NC a perpetual license.
TimG
QUOTE (Jeremy Payne @ Oct 30 2009, 05:14 PM) *
Actually, it isn't irrelevant at all. This is about the Nature Conservancy's rules and the contest rules do exactly what you suggest ... the rules don't strip you of your rights, they just grant the NC a perpetual license.


And therein lies the rub; why would you want to grant a perpetual license?

It would make more sense, IMHO, to grant a one-time, non-exclusive license, and with that, to place a value on the license for tax purposes.
Jeremy Payne
QUOTE (TimG @ Oct 30 2009, 06:29 PM) *
And therein lies the rub; why would you want to grant a perpetual license?


I entered with full knowledge of the rules. As I said already, I'm perfectly happy for them to have the license in perpetuity. It is a quality organization and if my images can help promote conservation today or tomorrow or the next day, then that's fantastic.

I'm sure many, many others feel exactly as I do.
slobodan56
QUOTE (TimG @ Oct 30 2009, 05:29 PM) *
... why would you want to grant a perpetual license?...

Hmmm... because people feel like it?... because they can?... because it is the land of the free (market)?... as much some are free to charge for their photos, others are equally free to give it away... because of the law of (over)supply and demand?... because photos are "a dime a dozen" today?... so easily and quickly created (at the rate of 10 per second), so easily distributed (five thousand pictures per minute every minute uploaded to Flickr only)... because marginal cost of an image rapidly approaches zero?... because never before in history so many people are able to create so many (great) photographs and distribute them to so many viewers and users with so little (marginal) cost?... because never before in history so many amateurs are able to do so?... amateurs, which by definition have the first two steps in the Maslow's hierarchy of needs already fulfilled, and are now moving toward the pyramid's top (i.e., esteem and self-actualization...or what our friend Rob C calls "vanity and dreams" smile.gif )
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