How The Rights To Your Photo Are Being Hijacked
Through Photo Contests & Social Media

A well put together article Jim:

From the old Bob Dylan song “The Times are a changing” is true today with photography.

We now have a vast audience that before had difficulty submitting images to magazines and contests, that are now only a click away.

I do think at times that these media outlets are becoming slightly greedy in their approach to photographers.

I just wish that these same firms were clearer in the promotional material as the rights that the photographer is giving away in ordinary everyday terms that everyone can understand.

There will always be a segment that will give all away for the chance to have one of their photos published and as long as they know then it works for them.

There is a secondary group of photographers who are learning, refining their skills and techniques and hope one day to be recognized for a broader set of works or receive commercial gain that really need to understand what future potential they might be giving away.
The last group is in the business, making a living and they most likely understand the consequences of entering these contests.

There is a place for everyone and I don’t mind people giving the images away for free, which in some cases I what do to a limited extend by publishing them on the web. If someone would a larger printed version with all the subtle tones, then I charge for this level of quality.

I never enter my work in these types of contests. I have submitted images to recognized photographic organizations that under photographers rights and will only use the winning images and then only to show those that have won.

Niels Henriksen

So, other then writing about it here and sending e-mails to those companies trying to get away with it, what are you, or anybody, doing to inform and educated image-makers? From experience, there is nothing out in the real world helping to educate ALL image-makers, from beginners to professionals, about these “Rights Grab,” which is NOT new, and has been going on much too long. It is surprising the ferocity large imaging companies and magazines will go to protecting their own organization’s Rights and Intellectual Property, but think nothing of violating other’s Rights and Intellectual Property, especially image-makers. The professional photographic community is very small compared to all the people taking, or make, pictures, and, therefore, there will always be a steady stream of images – some great and most not so great. However, the general public needs to be educated in order to understand the implications of “Rights Grabs,” especially the terminology, “…in perpetuity,” and how it affects them as well as professional image-makers, too. There needs to be a law established making it mandatory for all contests to incorporate the basic principles governing Copyright and Intellectual Property into contest rules so those entering their “property” know their Rights and the implication of what may be mandated by the contest or that “free” social networking site – sort of like the warning label on every pack of cigarettes – fore warned is fore armed. People need to be educated in order to make an intelligent decision. I was the first to sponsor a free lecture series across the USA entitled, “Is Copyright An Ancient Practice?” It was produced in 2001, and presented by Seth Resnick, Jeff Schewe, and Jack Reznicki. As far as I know, nothing similar has been done since. The programs I produced were unique, and have never been duplicated – I remain “Captain Explorer” (a.k.a. Michael Newler).

What really irks me about the facebook stipulations is that they threw in the term “sub-license”. not only do they want to use your image forever, they want to make money directly off that picture.

I believe the PDN / Traveler contest must have changed their rules this year, because I submitted two years ago and don’t recall seeing anything out of the ordinary with the T&C at that time.

@ip – If you believe that this is a minor issue, imagine if the competition actually paraphrased the T&C in the advertising material:

You too could be the next big photographer! See your work in print! Win big prizes! We will own your photos and you will have no rights at all!

The competition would be a non-starter, and if you believe otherwise you’re very naive.

The point is that T&C are NOT read by the majority of entrants, and that’s the only reason they can continue to be so draconian.

Cigarette smoking is “voluntary” too, but yet the Federal Government mandated manufacturers put a WARNING label on every pack. You would think by this time people would realize smoking anything is harmful to your health. However, whether or not anybody reads the WARNING label is NOT the point. People do all sorts of voluntary things and most of the time it is done “NOT TO MAKE MONEY OR A PROFIT.” In the case of voluntarily sending images for a contest, you might loose more then the contest if you do NOT win, and even if you do win, you might loose — your Intellectual Property as well as your Copyright. Since all contests are in fact regulated to varying degrees by the Federal and State governments (mail and Internet), it would be extremely useful for our government to mandate every contest print basic information about Copyright and Intellectual Property along with “THEIR” terms and conditions for the contest. As far as issuing information on websites and BLOGS — that for the most part is useless space on broadband. Keep in mind, the number of people actually engaged in some form of “professional” photography is very small compared with the general picture taking population. The difference between a professional photographer and the general public is the professional consistently produces good images, or should, whereas the general public might produce one good image in approximately every 500. Photo contests rely on getting several thousand images from all sorts of image-makers including some professionals but mostly from the general public. The contest is ONLY offering three or perhaps five prizes which means they only need three or five “good” images out of how many thousand they received. The general public does NOT understand, or care about, Copyright or Intellectual Property Rights until you explain it to them in terms they can understand. The insidious part is the contest has collect thousands of images from which “THEY” can do just about anything they want with — including selling them to a third party anywhere in the world. It is like you voluntarily offering to send me your TV after telling you mine is broken, and, after using your TV, I sell it on E-Bay keeping the money. The general public does NOT understand how a photograph can be worth as much money as professional get for them. They also casually say, “…it is ONLY a picture.” Tell that to Annie Lebovitz, Douglas Kirkland, Greg Gorman, Mary Ellen Mark, Sheila Metzner, Joyce Tenneson, Barbara Bordnick, Pete Turner, Jay Maisel, etc. EVERYTHING you enter into, whether a photo contest or a photo assignment, you MUST read the terms and conditions first, make YOUR changes and additions if they allow it, but if they do NOT — walk away.

I have recommended your post in this collection of inspirational links: Three Quick Links

To be honest, without reading the fine print, I had always known this to be true. Its like those kind of slogan contest, you know the product is going to belong to the company, that’s your intellectual property too. OR any drawing contest u took part as a child, the drawing is going to be kept by the organiser and you will never get it back. And ya, you get your 5 minutes of fame if you are good. And I would say its is necessary for them to have the rights, if they don’t get to use the photos, then how can we get big scale contests with that kind of coverage?

They will always be able to get participants, unless everybody’s going to boycott something that had been in existence since don’t know when.

One thing I forgot to mention was that I do put a larger than normal Copyright watermark on the images on Facebook. To my way of thinking, this allows your work to be viewed without too much danger of being stolen. Also, the images tend to be very small on Facebook, not enough resolution to print.

The fact anybody uses their copyright notice © large or small on their intellectual property is terrific, BUT, in order to receive any sort of financial compensation as a result of a copyright violation, the item(s) MUST be registered with the Copyright Office in Washington, DC. If it is NOT registered but does have a copyright notice you will be awarded one dollar ($1) for the violation, and the violator will receive a slap on their wrist. Look at some of the ads printed in magazines, especially photo specific magazines. How many Copyright notices are printed with the photographer’s name in or next to the image of the ad? The manufacturer has their copyright notice on the ad including the registration mark ® for their LOGO? The magazine uses their Copyright notice for everything printed in the publication. Imaging companies and imaging magazines should know better eliminating or not including a photographer’s Copyright notice. If they are allowed to continue this practice, including “Rights Grabs,” unchecked, then image-makers at all levels of the spectrum have nobody to blame but themselves for allowing it to continue. Imaging companies and imaging magazines have large legal departments who should know a thing or two about Copyright and Intellectual Property Rights. Most do while some still do NOT, but ignorance of the Law is NO excuse. From my humble perspective, experience, and opinion, they know exactly what they are doing, and simply try to grab as much as they can. As long as nobody outside their company complains causing a public relations headache, they will continue doing exactly they want. Everybody submitting images for reproduction, whether for print or electronic media, needs to be educated about the law and power of Copyright, including Intellectual Property Rights. Your Copyright is both a notice and a name recognition for you.

Here is a “little something” happening now from a huge “imaging” company for a photo contest they are sponsoring in Australia. Keep in mind, this company has enormous legal divisions in their offices around the world. They know all too well about both International Copyright Laws as well as individual country Copyright Laws, and yet, in my opinion, they still try to “grab” as much as they can get away with including contradicting themselves. The following are portions of their contest rules and regulations. This contest is NOT open to professionals — in the USA, a photographer is considered a professional if they make the majority of their income from selling their images.

CONDITIONS OF ENTRY
SONY α WORLD CONSUMER PROMOTION

* The Promoter and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with using any prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). The Promoter and its agents associated with this promotion take no responsibility for prizes damaged or lost in transit.

* By entering this promotion, each eligible entrant warrants to the Promoter:
* That they have the rightful power and authority to submit their entry in the name stated;
* That they own the content of their entry and have the right to assign copyright ownership and other Intellectual Property Rights in the entry to the Promoter (if required);
* In respect of entries that include images of third parties, that the third party participant has been informed by the entrant and agrees in writing that their image may be used by the Promoter in any media for an unlimited period of time without remuneration or compensation to the third party participant for the purpose of promoting, publicising or marketing this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter;

* That the entrant agrees that if their entry is accepted by the Promoter, it will be available on the Promoter’s website for public viewing and that their entry may be used by the Promoter in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome).

* Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event they are a winner of a judging (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. The winners agree to participate in all reasonable promoted activities in relation to this promotion as requested by the Promoter and its agents.

* Each entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: a breach by the entrant of any of these Conditions of entry; any third party claim arising directly or indirectly from a breach by the entrant of any of these Conditions of entry; a negligent, wilful or otherwise wrongful act or omission of the entrant; fraudulent or dishonest acts or omissions by the entrant; any breach by the entrant of any applicable Laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the entrant entering this promotion; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the entrant; and any claim or allegation that the entrant’s entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party’s trade secret or confidential information.

* Entrants retain all right, title and interest in all Intellectual Property Rights in their photograph entry, however it is a condition of entering this promotion that each entrant non-exclusively and irrevocably licenses to the Promoter the worldwide right to use their entry (including photographs) in any media for an unlimited period of time without remuneration or compensation for any reason including but not limited to future promotional, marketing or publicity purposes. Each entrant must, upon request by the Promoter, execute all documents and perform all acts necessary to grant such a licence to the Promoter.

* Entrants consent for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of their Moral Rights in relation to all Intellectual Property that they may create or generate and submit to the Promoter in response to this promotion. Moral Rights has the meaning given to it in the Copyright Act 1968 (Cth), and includes: a right of attribution of authorship; a right not to have authorship falsely attributed; and a right of integrity of authorship.

* All right, title and interest in all Intellectual Property Rights in all of the Promoter’s brands, logos, trading names and products will remain or be vested in the Promoter. Participation in this promotion by an entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s brands, logos, trading names and products. The Promoter, on a case by case basis and to the extent required, grants to each entrant a non-exclusive licence for the promotional period use of the Promoter’s brands, logos, trading names and products solely for the purpose, and to the extent necessary, to enable each entrant to create their entry.

* In these Conditions of Entry: “Intellectual Property Rights” means all existing or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and Australian generally accepted accounting principles. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind.

* This promotion is governed by the laws of NSW and entrants irrevocably submit to the non-exclusive jurisdiction of the courts of NSW.

The Promoter is Sony Australia Limited, ABN 59 001 215 354, of 33-39 Talavera Road, North Ryde NSW 2113.

It just so happens that I participate in a photo contest not two days before I read this article and realize what I have just DONE with what may have been the most beautiful natural photograph I have taken thus far in my “career”.

I have to be more careful next time, thank you!

Thanks for the post Jim. I’ve submitted some photos to contests over the past couple years until someone (I forget their site URL unfortunately) emailed me directly, first complementing the photo, but then informing me about the fine print and that I was basically giving this image away for perpetuity. So the other day I came across a photo contest in which, of all companies, was affiliated with National Geographic – http://www.nationalgeographic.com/energizer/index.html. I read the fine print and you guessed it, HAD I submitted an image it would have become the property of Energizer for ever. It’s pretty eye-opening…

Disappointing to see organizations that should know better taking advantage like this. I always read the fine print in photo contests and was sufficiently put off by PDN and the NG rules not to enter.

Thanks for the eye-opening post! I was just about to submit to the latest NG contest when I read this and looked back at fine print in the NG rules which included those words you warn about. Disappointing.