Disconcerting industry trend

[jerryph]

I was reading in a flickr forum about how there are many new photography forums popping up, and that most of them have competitions. This part is ok, but the part that is not, is that to participate, one has to submit all rights to them.

In other words your pictures become THEIR property and if they make money off of them (which is their intention, trust me), they owe you nothing.

Well, I used to enjoy posting in several of them and went to check out one place that was not very big, nor very prominent as a photo forum, but they had a competition. I was curious about the rules and there it was. I was shocked not only that they would be doing this, but that they are OPENLY TELLING you that you are giving them all rights.

Here is a portion of the text... tell me what you think:

"Entrants agree, by virtue of their entry, to provide the (name removed of the site for now) with an unrestricted license to copy, display and otherwise use the image(s) for promotion. Entrants must have model releases, if appropriate, on file for all their images (model releases can be obtained from XYZ.) Entrants agree to submit a copy of the model release on request."

So you don't even need to agree to it. By the mere fact of participating, you stipulate that you agree to give them FULL rights to YOUR property. Heck they even HELP you to give it to them by providing model releases to you for the models to sign so THEY are covered!

Suffice to say, that I will not be participating in any competitions where rights to my property are taken away from me in this rather underhanded manner.

[ladyups]

I was reading in a flickr forum about how there are many new photography forums popping up, and that most of them have competitions. This part is ok, but the part that is not, is that to participate, one has to submit all rights to them.

In other words your pictures become THEIR property and if they make money off of them (which is their intention, trust me), they owe you nothing.

Well, I used to enjoy posting in several of them and went to check out one place that was not very big, nor very prominent as a photo forum, but they had a competition. I was curious about the rules and there it was. I was shocked not only that they would be doing this, but that they are OPENLY TELLING you that you are giving them all rights.

Here is a portion of the text... tell me what you think:

"Entrants agree, by virtue of their entry, to provide the (name removed of the site for now) with an unrestricted license to copy, display and otherwise use the image(s) for promotion. Entrants must have model releases, if appropriate, on file for all their images (model releases can be obtained from XYZ.) Entrants agree to submit a copy of the model release on request."

So you don't even need to agree to it. By the mere fact of participating, you stipulate that you agree to give them FULL rights to YOUR property. Heck they even HELP you to give it to them by providing model releases to you for the models to sign so THEY are covered!

Suffice to say, that I will not be participating in any competitions where rights to my property are taken away from me in this rather underhanded manner.

Isn't this the way with about any competition? A man on my route told me that his kids took a picture of his barn in the winter time with the cows in front of it and they entered it in a contest...they won first place and got $100. The pictures was on over a 1000 Christmas cards that year...I'm sure they (the contest) sold the picture for a lot more than $100.

[dkippen]

Not that I enter a lot of competitions, but when entering, this will give me something to think about. I guess I don't want to give away my rights and let someone else do what they want with my picture.

[jerryph]

[FONT=Comic Sans MS]Isn't this the way with about any competition?

Well, it is with many, but not all, only the ones that do this want to cheat people.

I do not want to be one of them. :)

[LensBaby]

Now I know with that photoworkshop, they pick peoples photos to be published in the book, but I never did look to see what they say about posting on their site. Now you are making me wonder Jerry, because their books are full of members photos. They also have the person write a little caption about the photo (like what interested them) and how it was taken. I guess I would love to be published in a teaching workbook, but as far as just posting a photo and they take the rights without asking....I DO NOT LIKE!

[admin]

Just to assure you, all your photos on Proud Photography whether in your galleries, competitions or for assignments are your property and will stay yours. We will never use or publish them in any way or form without your permission. Simple and fair.

I thought you might want to know...

[jerryph]

Just to assure you, all your photos on Proud Photography whether in your galleries, competitions or for assignments are your property and will stay yours. We will never use or publish them in any way or form without your permission. Simple and fair.

I thought you might want to know...


lol... reassuring to hear it, but I was already VERY confident that all pics posted here are very safe and used as intended. I just wanted to protect users from unscrupulous competitions and possibly lose out on money or credit which is their fair due.

Thank-you for the confirmation! :)

[LensBaby]

Yes I agree. They are just being sneaky. Can you please send me a PM and let me know what sites those were? I mean if it is posted it is public knowledge, it is just that some people don't take the time to read everything. Thanks again for the information, because that is not right.

[lornem]

Not right at all, and as someone has already said it's underhand, we all, at sometime whether amateur or pro must take that one photo that is the best in it's field, and to give it away for the pride of being in with a chance of winning something, not me, i'd rather keep them on my hard drive

[ladyups]

Just thought you would all like to do a little reading on this subject...This comes from a professional landscape photographer on the underhanded way that companies are 'stealing' your photos.

http://www.jmg-galleries.com/blog/

Read the second article he submitted to his blog. This is quite the eye opener even for a hobbyist. I don't feel like my photos are worthy of being published anywhere but I darn sure don't want them taken from me without my permission.

[Snappers]

This is a very interesting subject. When I created my websit, I showed some of my pictures on another forum (not photography related) and some people on there suggested that I put a copy right image across the image.

I was very unsure about doing this. For one, I did not think my pictures were worthy of stealing and secondly, I was not sure if I cared! I don't mean that the wrong way but I think I would feel quite proud if my image was used elsewhere, however, having said that, I do not think I would be very happy if I found out that that person or site had made a profit from my work and not given me any credit for it.

I think it would very much depend on what the prize of the competition was whether I entered or not. I did copyright my images in the end but I think it spoils peoples pleasure from looking at them.

If anyone knows of another way of doing this in HTML without putting something physical across the image, I would be interested in your views.

[jerryph]

Even if you copyright them, you've basically agreed that it belongs to them and they could remove them or crop them out.

I have nothing against picture competitions, what I do have issues with are sites that take your pics and post them on photostock sites and sell them over and over... and not only do they not share a penny with you... THEY are the ones that get credit for taking the picture... not you.

[Snappers]

I agree, that is wrong.

I suppose they would say that you dont have to enter the competition and if you do, you know the consequences.

Perhaps if more people stopped entering the said comps then they would have to review the rules.

If however, they are doing it sneakily, then surly they could be had for misleading comments and infringements of the photographers rights.

I have not looked into this area much as like I said before, I do not feel that my photos are up to that standard yet but it is well worth bearing in mind.