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DPChallenge Forums >> Photography Discussion >> Beware of Costco's Photo Contest!
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 07/09/2009 08:31:34 PM · #1
Evidently, anything you enter in this photo contest becomes sole property of Costco. Here is an article about it (with links to the contest site).


07/09/2009 08:48:41 PM · #2
Originally posted by AperturePriority:
Evidently, anything you enter in this photo contest becomes sole property of Costco. Here is an article about it (with links to the contest site).


Wow. I don't get why they would want to do that...
 07/09/2009 08:49:01 PM · #3
I'm seeing that more and more and its getting pathetic. Even Black's Photography here has the right to use any photo that is uploaded online JUST FOR PRINT PROCESSING according to the fine print, and according to their agreement they can do what ever they want to the photo for their own advertising and don't have to compensate you in any way shape or form...

Taken from Blacksphoto.com terms printed online:

"In order for us to transmit your photos to Black̢۪s Photo Corporation and / or Astral Photo Corporation for fulfillment, we need the right to make use of all content on the service (in accordance with and subject to the following) You grant to the Web Site and its service providers and licensees a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, world-wide right and license to access, use, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, adapt, publish, translate, create derivative works from, and otherwise use such Materials (in whole or in part) in connection with the Service, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability to you or any other person, and free from any obligation of confidence or other duties on the part of the Web Site or its service providers solely for the purpose of providing the service; "
 07/09/2009 08:50:37 PM · #4
Originally posted by sprite777:
Originally posted by AperturePriority:
Evidently, anything you enter in this photo contest becomes sole property of Costco. Here is an article about it (with links to the contest site).


Wow. I don't get why they would want to do that...


Because IMO they get a crapload of photos for their own advertising to do with as they wish, cheaper than buying some stock photos. Its a pretty good scam if you ask me.
 07/09/2009 08:57:04 PM · #5
I mean seriously, if even one person reads that, posts it on a blog, and then it's posted elsewhere for all to see (already on my twitter), what does that do to Costco's brand? Sort of taints it, no? At least to me. Seems like the benefit of being able to print one or two of the photos at the expense of the brand seems a little shortsighted.
 07/09/2009 09:05:33 PM · #6
Its prob their marketing dept thats behind it. Departments like that and marketing companies are always looking for ways to screw everyone to increase their profits. Worked in the industry here for 9 years and saw some things pulled that made my skin crawl...
 07/09/2009 09:24:13 PM · #7
Originally posted by dknourek:
Its prob their marketing dept thats behind it.

OK, I'l take the misguided and hyper-paranoid legal department. Anyone want to suggest some other responsible party? ;-)

BTW: I have found the Costco photo department (and the store overall) to be unusually responsive to customer criticisms and suggestions.

If you all were to write polite letters to the contest management/sponsors saying how you'd LOVE to enter their contest, but that even as a dedicated amateur you recognise the inadvisability of completely relinquishing your rights, when a perpetual, royalty-free, non-exclusive license would almost for sure serve both parties' interests admirably and equally as well.

Maybe they will change the terms next year.
 07/09/2009 09:39:54 PM · #8
The Canadian one is only non-exclusive licence.

Licence, waiver and release: You will retain all copyright in your submitted photo. Costco reserves the non-exclusive right to publish your submitted photo or use it in any promotional material. By participating and submitting an Entry into this competition, you grant Costco a non-exclusive and royalty-free right and licence (but not the obligation), in perpetuity throughout the world, to use, reproduce, store, transmit, communicate your submitted photo, in whole or in part, in any media, in marketing, advertising or promotional materials, advertisements, or Web sites, by Costco, its licensees, successors or assigns, and/or for the purpose of promoting your photo and its submission to the Contest. You irrevocably waive any and all so-called "moral rights" in connection with your photo in favour of Costco, its licensees, successors and assigns. You grant these rights and this waiver to Costco free of charge. If you are selected as a Winner, by accepting a prize you agree to grant Costco the above licence to use your photo on a non-exclusive basis. You agree that you own or control all of the rights in and to your submitted photo and that it is wholly original with you and not copied in whole or in part from any other work, and/or you have obtained all necessary rights or licences in order to authorize use of your photo for the above purposes, including any model releases. All photos submitted shall become property of Costco and shall not be returned.

Guess you guys all need to send me your fantastic shots so I can enter them, eh? :)
 07/09/2009 09:42:22 PM · #9
How about that tricky/ambiguous last line?
 07/09/2009 09:43:43 PM · #10
That only refers to the actual hard-copy print you send them. Some contests say they'll return whatever with a SASE. They're telling you they won't.
 07/09/2009 09:55:15 PM · #11
Originally posted by BeeCee:
That only refers to the actual hard-copy print you send them. Some contests say they'll return whatever with a SASE. They're telling you they won't.

I realize that's what it's intended to say, but if I was a sleazy rip-off corporate lawyer-type, I'd have no problem using that line to justfy not only using the photo however I wanted, but suing you if you tried to use yourself what was now my client's photo. Just sayin' ... :-)
 07/09/2009 10:16:15 PM · #12
Originally posted by dknourek:
[...] and otherwise use such Materials (in whole or in part) in connection with the Service[...]


I wonder what the "in connection with the service " means. Does this restrict the source of material or the destination of material or both?
 07/09/2009 10:20:12 PM · #13
oh and by the way:

the copyright is on _that_ photo. Not the original RAW or whatever. So submit one that has _is_ a derivative of something that you would want to keep. you might give away that one version but not all other versions of the photo which it has been derived from... (its a digital world no?)

or am I getting something wrong?

I know this still allows them to do whatever with your image w/o paying you. But it's not that you lost the chance to use the original to make similar but different images that you can use, right?

Message edited by author 2009-07-09 22:25:17.
 07/09/2009 10:25:10 PM · #14
Originally posted by GeneralE:
Originally posted by BeeCee:
That only refers to the actual hard-copy print you send them. Some contests say they'll return whatever with a SASE. They're telling you they won't.

I realize that's what it's intended to say, but if I was a sleazy rip-off corporate lawyer-type, I'd have no problem using that line to justfy not only using the photo however I wanted, but suing you if you tried to use yourself what was now my client's photo. Just sayin' ... :-)


I don't think it would work. That line may be open to interpretation but this one's pretty darned clear;
"You will retain all copyright in your submitted photo. "
 07/09/2009 10:28:04 PM · #15
No, whatever it turned out to be would probably apply to the original source file as well as the entry, though it might not matter -- the earlier language states that you retain the rights to your image, and I was just offering a worst-case but unlikely possibility as to how it could go.... :-(
 07/09/2009 10:30:54 PM · #16
Originally posted by BeeCee:
I don't think it would work. That line may be open to interpretation but this one's pretty darned clear;
"You will retain all copyright in your submitted photo. "

I agree -- I was typing the same while you were posting. But those sleazy types can cause a lot of trouble even if you prevail in the end.
 07/09/2009 10:34:01 PM · #17
Mwahahaha, bring 'em on! That saying, "If you can't dazzle them with your brilliance, then baffle them with your bullsh*t" was written about me, you know.
 08/19/2009 04:07:58 PM · #18
An update:

I sent an email to Costco when this thread appeared in July. I have always found them to be pretty reasonable, and thought that this issue was worth bringing to their attention. It took them a while, but I did get a response today. Here is the text of the email.

======

Thank you for contacting us about the 2009 Costco Photo Contest.

The short answer to your concern is that the contest rule you are referring to, as written, incorrectly states Costco's intention. We make every attempt is made to protect Costco Wholesale members' rights. The rule should have never been published as is.

The problem developed when the contest rules were reviewed by Costco's legal counsel earlier this year. Counsel suggested that we add the statement about ownership rights to the rules in order to avoid any rights issues that might arise when a winner is selected. Again, we simply should not have allowed that to be put in place.

Unfortunately, since the rule has been published, we cannot change the text halfway through the contest. The phrase, "closing the barn door after the horses have runaway" comes to mind.

The bottom line is that Costco's policy is to have permission to reprint a photo in The Costco Connection and Today if the photo is selected as a winner. It is not Costco's intent, or desire, to assume all ownership rights of the photo from the photographer. In addition, the permission to reprint the photo is granted to Costco with a separate document that the winner is asked to sign after they have won. That is what we will do this year and what we have done in all the past years.

The rule will be reworded next year to accurately reflect Costco's policy as described above.

If you are still concerned about this policy, or need more clarification, please feel free to contact me. I have included my direct email address, mailing address and phone number below.

Regards,

D. Ted Harris
Costco Wholesale
999 Lake Dr.
Issaquah, WA 98027

------------------

From: Sam Northrop
Sent: Thursday, July 09, 2009 8:27 PM
To: ContestInfo
Subject: Agreement and rules wording

You may be interested in seeing some of the reaction to the IP rights provision in this year's contest form. It isn't being well received in the photographic community.

//www.dpchallenge.com/forum.php?action=read&FORUM_THREAD_ID=918155
//www.enlightphoto.com/views/2009/07/06/costco-bad-photo-contest.htm

Message edited by author 2009-08-19 16:08:55.
 08/19/2009 04:10:51 PM · #19
Thanks, both for contacting them and for the update :)
 08/19/2009 04:11:46 PM · #20
pretty darn good reply there! well done to him!
 08/19/2009 04:21:33 PM · #21
I was going to post that those rules sound like "CYA lawyer overspeak" but the Costco guy's response pretty much said that for me.
 08/19/2009 05:53:42 PM · #22
For those that are concerned with intellectual property rights around your images, I guess you'll have to wait until next year's contest.

Legally, like the response stated, they have to adhere to the original terms and conditions.

08/19/2009 07:30:57 PM · #23
One of life's weird coincidences? the same D. Ted Harris?

Maybe that explains the extremely well done reply he sent.

Message edited by author 2009-08-19 19:31:52.
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