ASMP Warns on Entering Photo Contests
Any photo contest is potentially dangerous to your rights. Always read the fine print.
I received an email from ASMP, warning of one such contest (read on further below).
Clause 7a OWNERSHIP AND LICENSE is breathtakingly brazen in its “land grab”, and it applies to all entries. While I’m not exactly in the market for Bottega Venetta products, remind me to never, every even consider supporting a brand that sees fit to
7. (a) All entry materials become the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the entrant, but entry into this Promotion constitutes entrant's irrevocable and perpetual permission and consent, without further compensation, with or without attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission, and the entrant's name and/or likeness, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereinafter created, throughout the world, for the duration or the copyright in the Submission. Sponsor and/or others authorized by the Sponsor shall have the right to edit, adapt, and modify the Submission. (b) as to the Bottega Veneta photo shoot, the winner will assign all rights, throughout the world, in any photos created at the shoot, to Bottega Veneta. Publication of the photographs is at Bottega Veneta's sole discretion.
ASMP Urges Caution on Condé Nast Photo Competition
ASMP, joined by the National Press Photographers Association (NPPA), American Photographic Artists (APA) and the Picture Archive Council of America (PACA), is concerned about the terms and conditions of a contest announced by Vogue, a Condé Nast publication, entitled the New Exposure Photography Competition, Presented by Bottega Veneta.
This contest, which is targeted at students and emerging photographers, appears to be an effort to secure thousands of free images for unlimited use in publications and in advertising. For this reason, we believe this contest exploits photographers and we strongly caution everyone to carefully review and understand all the terms and conditions along with the rights they are surrendering before entering any competition.
The core problems we see are that:
- The sponsors have the perpetual, unlimited use of all contest entries.
- There is neither compensation for contest participants nor is there credit given for their work.
- Participants are required to sign a liability release and copyright assignment, and to indemnify Botega Veneta and Condé Nast against any lawsuits that may arise as a result of the usage of the photographs.
- Every entrant is required to waive any right to sue in the event of misuse of the photographs entered.
- The winner is being offered $10,000 for a shoot which would normally command several times that amount. The winner will be required to grant copyright ownership of all photographs from the shoot.
We believe that while competitions can serve a purpose within your business plan and potentially give your work significant visibility, there are a number of issues to consider before you enter. For more information about the terms, conditions and issues for Photography Competitions, go here.
