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It seems to me that a lot of Terms and conditions in competitions are an attempt to gain free images for their own publicity. I saw this in the terms and conditions. I don't mind companies using images for their own publicity but to grab copyright and ownership without even any acknowledgement of the photographer, let alone payment seems out of order. What do other's think? Should ephotozine users be wary of competitons and boycott those who want control of images for nothing regarless winning or not?
"All photos will become the exclusive property of Promoter, and none will be acknowledged or returned. Promoter shall have the right to edit, adapt and publish any or all of the photos, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. SUBMITTING A PHOTO IN THIS COMPETITION CONSTITUTES ENTRANTíS IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO PROMOTER OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE PHOTO INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS."
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Would you prefer to pay a fee ?
I would prefer not to have to hand over all rights and copyright over to someone else to do what they like and if the image was good enough use without any recognition when ever they liked. Yes I have and would pay a small entry fee for competitions rather than this
Don`t enter the competition then.
It appears to me that this arrangement saves the company, in a lot of cases, from having to pay for the services of a professional photographer and/or advertising agency.
In addition it undermines the hard won rights of ownership of the image.
Compromise is perhaps an option acceptable to both parties as I do not think anyone should hand over all rights to the image the danger being that it might set the tone in the future for other, if not eventually all, competitions.
The above quoted terms do seem somewhat extreme and I would be surprised should anyone agree to them.
Well I agree they seem more geared to gathering photos for their own use...maybe an agreement about usage of the WINNING entry only..?
While seeming to have T+C's much more reasonable than those above, and making no claim on copyright or intellectual property of the images, a couple of competitions I've looked at recently have the mind -boggling final T/C, which says something to the effect that..
"entrants are bound by the T+C's...the organisers reserve the right to alter these T+C's without notice"
so you could sign the T+C's then they could change them to"by entering this comp. I agree to sign over all right of ownership to my house.."
Personally I wouldn't be put off from entering if I liked the look of the comp. and the prize, bacause the final T/C is so ridiculous I'm pretty sure it wouldn't stand up in any court...
Thank you for this info Sadmurph because we all need to realise that we DO need to read competition rules and regulations, especially the fine print. If I wanted to enter a competition and read 'all rights of my photo be handed over to the promoter, I would definitely would not enter, in fact, I would ask them if the competition was a con and I'd probably get blacklisted but what the hell, why would I want to give my photos over to people like that. I actually don't think there is such thing as a 'fair' competition. An acquaintance entered her photo into a competition - she did not win and yet some months later, she saw her photo being used for a advertisement - that is disgusting. She was not given any recognition whatsoever.
These sort of people who take your images and copyright are nothing more than thieves. They should be banished from being able to offer competitions of this kind. The only thing they are doing is cherry-picking good images and selling them, making large amounts of money from their dodgy dealings.
No likey, no lighty.
If you agree to the T&C, then enter. If not, then don't.
For some people, the photos will just sit in their hard drives doing/gaining nothing anyway.
For clarification sake, I didn't see this comp here on ep, but elsewhere and is run by a multi-national hotel chain via their facebook website. I contacted them with my concerns regarding their T&C's and in fairness to them they responded fairly quickly to my comments and say
"We have added this policy to the competition terms and conditions so that we are able to use the entries we receive on our Facebook page and to promote the winners entries. The images will only be used
in conjunction with Hotel Indigo and will not be re-sold or re-used out of the competition context. We just want to ensure we are able to use the submitted photographs to promote the competition and share the photographs with other fans."
I am willing to take them at their word, but yet their stated conditions make it clear that by entering they have complete control of to use of your images in any media and copyright and all other rights are assigned to them. I think people are right to say enter if you are happy with T&C then enter, if not don't but I think it is also well worth taking the time to read them and make sure you are happy with them in the first place.
I think that you have to assess whether the competition is worth entering in light of (a) the prizes and (b) the T&Cs.
Personally I would never pay an entry fee to enter a photography competition but I do not object to my entry in a free competition being used reasonably by the promoters. In my experience, promoters grabbing copyright is unusual - they normally just state that they want specific rights to use entries (or sometimes just winning entries) for their own publicity purposes.
For example, here is a very recent announcement of a perfectly genuine competition:
The image used on that page is my entry from last year's competition. I have absolutely no objection to them using it for this purpose, not least because it won me a £200 Jessops voucher.
I don't think this is a rip-off at all.
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