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10/12/2003 01:47:51 AM · #1 |
I was told about a photo contest today and I got online to check out the rules. In the fine print it says this---
Submission of a photograph in this Contest grants Sponsor and its agents the right, on a worldwide basis, to publish, use, adapt, edit, store, display, copy and/or modify such photograph in any way, in any and all media (including electronic media and on Sponsor's website), without limitation, and without consideration to the participant. Submission of any photograph further constitutes the participant̢۪s consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in the photograph, including, without limitation, all copyrights. Photographs must be the original work(s) of the participant; may not have won previous awards; may not have been entered in any other competition; may not have been published previously; must not infringe third-party rights; and must be suitable for publication (i.e., may not be obscene or indecent).
So my question is if I'm understanding this paragraph correctly. If you submit a photograph to the, you give them FULL rights, interest, and COPYRIGHT of your photograph. So that means they can turn around and sell and do whatever they want with your photo?
edit- "Oh yeah, the contest is at www.rayovac.com
Message edited by author 2003-10-12 01:49:10. |
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10/12/2003 02:16:19 AM · #2 |
I have found that to be fairly routine when enter a contast that is going to involve advertising. They want the exlusive rights. They do not want a photo they pick to be used by any other advertisers or competitors.
Others may offer more advise than I can.
Calvus
P.S. Also when picking a photo storage site you want to be VERY careful and read the fine print! Some of them you also give away your rights.
Message edited by author 2003-10-12 02:17:30.
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10/12/2003 02:22:28 AM · #3 |
I've seen the fine print in some of the different contests, but none of them as harsh as this one.
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10/12/2003 07:19:39 AM · #4 |
I think the same fine print is in alot of contests sponsered by a "big name company." I saw a contest for Absolut also, not as harsh though.
By participating, entrants will retain rights, but winners agree to grant Sponsor and Absolut unlimited usage for any promotional purposes related to the "contest" for a period of two years from the completetion of the contest. Upon issuance of notification by Sponsor, potential winners must provide the negative of photograph (if applicable) accompanying any winning entries and any appropriate releases for photo(s) required by Sponsor within 7 days of issuance of request or potential winner will be disqualified.
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10/12/2003 10:52:55 AM · #5 |
I wrote about this in another thread.
Yes, they are asking for full ownership and copyright. That means you yourself can't use it again either.
Most contests ask for a NON-EXCLUSIVE royalty-free copyright so that they can use the image for promotional purposes without further compensation, which is reasonable. Check the gallery at Jones Soda for comparison.
To ask for complete ownership of all submissions (not just the winners) seems exploitative, and may constitute a fraudulent solicitation for free advertising materials (I wonder how the photographers at Ray-O-Vac's ad agency feel about this).
I will not be entering this contest. |
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10/12/2003 02:32:46 PM · #6 |
| Thanks for the comments. It is just as I was thought, so I did understand it. I have seen the contests that gives companies rights for like two years, and I have entered one of those with a couple different shots taken specifically for that contest. But I couldn't believe that they have the rights to ALL the entries. It's just not worth it. I thought about entering my Zebra picture to the Ray-O-Vac contest, cause I thought that it might do a little good, but no way do I want to lose complete ownership to them with that photo. |
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