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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 27 Jan 2015 (Tuesday) 06:53
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Quick opinion sweep on terms of contest

 
armis
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Jan 27, 2015 06:53 |  #1

I realize contests often have fairly broad terms but I wondered if the good people here have any thoughts on this one:

Entries selected for display and to win “best of” contests and any other contests requiring photo, text or other content from the entrants will be judged entirely at the discretion of [the site].

By submitting any photo or information to [the site], you hereby grant to [the site]and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to [the site] includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo;

By submitting any photo or information to [the site], you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to [the site] herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances;

You acknowledge and agree that [the site] shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to [the site].

You understand and intend that any photo or information submitted by you to [the site] may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to [the site]. By submitting any photo or information to [the site], you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to [the site].

You hereby agree to hold [the site] and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any [the site] site, or any other use authorized under these Terms, of any photo or information submitted to [the site] by you;

Photos or information submitted by you to the Site shall be the property of [the site], and [the site] shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.

I'm rather new to these things. Sounds fair?


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sspellman
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Jan 27, 2015 07:31 |  #2

It sounds common for internet contests


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Dan ­ Marchant
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Jan 27, 2015 07:44 |  #3

Yes.

You have to grant them rights to use/copy the images otherwise they can't display them (which is the whole point).

They did include one point which is silly and a hang over from the days of paper magazines and submitting physical prints to competitions. It is the clause about them owning the copy you submit. This was done so that the competitions didn't have to go to the worry and expense of posting all the entries back to the right person. Instead they could just toss them in the bin. In the digital age this doesn't really make much sense. Who is going to ask them to send back a copy of a digital file.


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joedlh
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Jan 27, 2015 08:27 |  #4

When I see rules like this, the foremost question in my mind is "Who owns the copyright after the dust is settled?" The absence of one word in the second paragraph indicates that it would be you. That word is "exclusive". If it said that you granted them exclusive rights, it means that you could not offer the rights to anyone else. Even if you still owned the copyright, they could make trouble for you if you published the photo yourself or sought to gain revenue from it.

Be that as it may, the terms are all in their favor. You grant them the right to do anything they want with the photo, publish it anywhere, alter it, give it to others to do the same -- forever. And they wouldn't owe you a penny. So you need to decide on that basis whether or not you want to enter the contest. By way of example, I submit photos to the NY Renaissance Faire under similar terms. However, there is little chance that the photos would have commercial value to anybody but them and I have a chance of winning some pretty nice prizes. I won first place one year. But the shot was still not one that would have appeal outside the Ren Faire community. There was zero chance that I would try to sell it myself. On the other hand, I have declined entering other contests with similar terms because I didn't want to relinquish so many rights to a photo.


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Editing ok

  
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armis
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Jan 27, 2015 10:03 |  #5

Cool, thanks all :).


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moose10101
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Jan 27, 2015 11:44 |  #6

"By submitting any photo or information to [the site], you hereby grant to [the site]and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to [the site] includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo;"

Fairly standard; also very undesirable.




  
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Alveric
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Jan 27, 2015 12:17 |  #7
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Yup, 'for any purpose' would be a deal breaker for me; especially if there's also a proviso saying that you have to hold them harmless from all legal responsibility.


'The success of the second-rate is deplorable in itself; but it is more deplorable in that it very often obscures the genuine masterpiece. If the crowd runs after the false, it must neglect the true.' —Arthur Machen
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DoughnutPhoto
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Jan 28, 2015 14:04 |  #8

My objections are towards the word "perpetual". Honestly, the terms state that the site can edit and display your photos even outside the context of the contest. I guess this is usually perfectly fine, but it's something that raises my guard.


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Quick opinion sweep on terms of contest
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