Photo Contests - The Fine Print

There's so many people walking around with cameras in their pockets these days that they have paved the way for lots of marketing opportunities. One of the most popular are photography contests held by groups, businesses, newspapers, magazines, etc. But before you surrender your incredible photo of a seagull flying off with your uncles toupee, take a few things into consideration.

First, find out some background information on the judges and if possible look at their photos. A bad photographer does not always make a good critic of work done by others. Often, they have no background at all in photography or art. Just some person who wants to be a judge.

Is there a fee for entering? Find out what these proceeds are used for. Often a photo contest is just a way of generating some cash. Prizes are usually donated by sponsors. 

Now for the most important part. What are the terms & conditions? In most cases (but certainly not all) you basically give up every right you have to your photo. I looked up a few contests being held locally and read some of their terms. Here's a couple of examples. I omitted the contest / business name. 

I hereby grant permission to [company name] and [sponsor name] to use of my photographs on its web site as well as print publications. I acknowledge the [company name’s] right to crop or treat the photograph at its discretion. I understand that my photo may not be used at this time, or may be used at some time in the future. I understand that it is possible for images to be downloaded from the internet. I give permission for photographs owned by me with my image to be used. I also give permission for photographs which include my children named below to be used. 

Here’s another: 

All material owned by Sponsor or its respective parent, subsidiary, affiliated and successor companies including [company name]; the sponsoring, administering, advertising, promotional and fulfillment agencies of each of them (individually and collectively, "Entities"), including but not limited to any copyright, trademark, picture, logo, title art or other intellectual property, shall remain their respective property and you shall acquire no rights therein by virtue of the Contest. 

Except as specifically provided herein, by entering the Contest, you hereby grant to Sponsor, its licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Entry Materials, in whole or in part, in all media formats and channels now known or hereafter devised (including on Sponsor's websites, on third party web sites, on Sponsor's broadcast and cable networks and stations, on Sponsor's broadband and wireless platforms, products and services, on physical media, and in theatrical release), for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity ("Submissions License").

Wow...so in other words, we can use your photo for anything or license it out to others and keep all of the money (and without the requirement of any permission from or payment to you or to any other person or entity). YOU GET NOTHING! Would you agree to this?

Some photographers will look at a contest like this as a chance to get their work in front of lots of people. True if you win, but do you think they’ll even bother giving you credit if it’s used outside of the contest? You basically agreed to waive all rights to the photo. What happens if it’s used in an ad selling a popular product? You still get nothing. 

This is not to say "avoid all photo contests." Some are very legit in their intentions and will limit their usage to something tantamount to being displayed in a public place. Thats easy enough to live with, but “you shall acquire no rights therein by virtue of the Contest,” is a little extreme even though it's the norm.

Read the fine print!

. . . . . . .