Since Thanksgiving, it seems that my e-mail in-box and social media accounts are overflowing with offers relating to photography contests. Most often prizes of cash and/or merchandise are promised to the winners of these contests.
Salt Pond Beach Park | ©2010 David Allio
Rarely do I enter photography contests and here is an example of why I choose not to participate. A recent photography contest co-sponsored by two of my favorite corporate brands came with the following statement in the rules: "By entering, Entrant grants all Sponsors an irrevocable, perpetual, royalty-free, freely transferable license to use the photo for all purposes, in any and all media, whether now known or hereafter devised."
Let’s look at that one sentence for a few moments. The word "irrevocable" means that you cannot change your mind following the submission. Once the photograph has been given away, it is gone. That is followed by "perpetual," meaning forever. Then comes the part where they do not have to pay for the use of your photograph – "royalty-free" – winner or not. Next are the terms indicating that they may give it away to others for any reason, again without paying: "freely transferable license to use the photo for all purposes."
These terms are unscrupulous and entering a contest or posting to a social media site with these terms is unconscionable, not just to the photographer responsible for a contest entry or post, but to any competent photographer. This is how to lose at a photography contest. The submitting photographer loses control of their photograph, and at the same time, the contest sponsor gets thousands and thousands of dollars’ worth of free images for their unlimited use. Think about it: Do these companies give away thousands of dollars of their product and not expect something in return? So, why should they be involved in the promotion of a contest with rules demanding exactly that?
These are not the only two companies to include this or similar language in their photo contest rules. Many businesses, including some very popular social media sites, go even further and indicate that a submission or posting gives them the right to re-sell an image without compensation to the original photographer. Some now even go so far as to require that the photographer give up any claim to copyright. So – win or lose – a photographer loses control of their creation, forever.
It is one thing for a sponsor to request a reasonable license and time frame for the use of a winning photograph. But for an entity to control reproduction rights, forever, of something that they did not create or for which appropriate payment has not been made amounts to theft. Oh, it is legal to write these terms into contest rules. But it is an ethically questionable tactic for obtaining photography for marketing and content at less than fair value.
The photograph shown above may never be a contest winner, but it is similar to an image that has been repeatedly licensed and published in calendars and on post cards. This photograph is similar because if the exact same image were to be published here it would probably be a violation of my contract or licensing agreement with the publishers. However, each time the original photograph has been published and re-published, I have received a payment for that reproduction. Every time an amateur agrees to provide an image without appropriate compensation, they are corrupting the overall creative and commercial value of photography, not just for themselves but for the overall industry.
Warning: Read the rules carefully before posting to a social media site or entering a photography contest. Know the terms before submission. If you still decide to enter a contest, good luck!
If you would like to learn more about copyright and image licensing, contact us about an upcoming Experience Photography workshop.
