Do I lose all right to my foto in this foto contest?

[gerry_braatz]

<p>I'm thinking about sending in a few pics to AZA's photo contest. I just want to make sure got this right & let others know about this contest too. As an AZA member I have seen the photos in the past & they are incredable. The problem is I think I lose all right to the photo.<br>

here's what the site says</p>

<p>Photos must be taken in 2010 or the last three months of 2009 by staff or volunteers at an AZA-accredited institution. <em>CONNECT</em> staff will judge the photos, and the winner will appear on the December 2010 cover. Other exceptional photos will be highlighted inside the magazine. The photos may also appear on AZA's Web site and/or other promotional materials.</p>

<h3>Format for Submission</h3>

<p>Submissions should include the name of the photographer, the AZA institution, the species, a caption, the date of the picture, and the equipment used. Only one photo entry will be accepted per photographer, so send in your best image. Pictures can include animals, people, and zoo or aquarium scenes — if you think it will make a good cover, send it in!</p>

<h3>Deadline</h3>

<p>The deadline for entries is September 15, 2010.</p>

<h3>Format</h3>

<p>TIFF, JPG or EPS; 300+ dpi and 9"x12" in size. <br /> Send to: Both electronic and hard copy images will be accepted - though electronic submission is preffered. All submissions become the property of AZA and will not be acknowledged or returned. Send electronic images to Tim Lewthwaite at TLewthwaite@aza.org with "Photo Contest" in the subject line. Hard copies may be mailed to:<br>

2009 Photo Contest <br /> Tim Lewthwaite <br /> AZA Publications Manager <br /> 8403 Colesville Road, Suite 710 <br /> Silver Spring, MD 20910-3314</p>

<h3>License</h3>

<p>By entering the contest, you grant to AZA, and its successors and assigns, the non-exclusive, worldwide, perpetual right and license to use, display, reproduce, publish, transmit, and distribute your photograph on AZA's Web site, in our magazine, and/or in any other promotional materials. Your grant and license shall also apply to any reprints, revised editions, or derivative works in any media or format, whether now or hereafter known, including without limitation other kinds of print media and electronic media.<br>

By entering the contest you also represent, acknowledge and warrant that (i) the submitted photograph is an original work created solely by you, and you are the sole owner of all right, title, and interest in and to your photograph, including the copyright; (ii) AZA's publication of your photograph as authorized herein will not violate or infringe any right, title, or interest of any person or entity; (iii) AZA's publication of your photograph will not violate any right of privacy or publicity nor create any other liability in tort and that you have obtained a valid model release from any identifiable, individual person who is the subject of the photograph; (iv) you are not a party to and your photograph is not subject to any contract or arrangement that would conflict with your permission herein; and (v) you agree to indemnify and hold harmless AZA against any damages, losses, or expenses occurring as a result of any claimed breach of warranty.</p>

[Matt Laur]

<p>You don't lose your rights, but you're granting more or less limitless rights to them (including the right for them to re-sell your image, etc). <br /><br />This doesn't prevent you from licensing your image for use in other ways, but some third parties might not be as interested in your image if the find that they cannot get exclusive use of it, or insist that it hasn't been previously published.</p>

[vincent_peri]

<p>I NEVER enter contests... I wonder why?</p>

[noreen]

<p>Matt's right. The phrase "non-exclusive [...] right" is what saved your copyright bacon, so to speak. But the rest of the language fries it nearly to a crisp.</p>

<p>I also never enter such contests, for these very reasons.</p>

[kevin_delson]

<p>Where I live, I have the right as a citizen to "life, liberty and the pursuit of happiness."<br>

Now if I commit a crime, I voluntarily forfeit most of those rights.<br>

That is what you do when you enter contests, forfeit most of your rights.<br>

Most contests are a rights grab. Just get used to it.<br>

If you see no financial/credit value in your work now or the future, I see little problem entering them.<br>

Some poeple use the more elite juried contests as a springboard..Looks good on the resume' kinda' thing.</p>

[john_h.1]

<blockquote>

<p>agree to indemnify and hold harmless AZA against any damages, losses, or expenses occurring as a result of any claimed breach of warranty.</p>

</blockquote>

<p>This part is an even bigger problem. Its one thing to seek protection for contest display but to cover the entity for all the uses the license gives? Notice it says "claimed" breach not actual.</p>

[john_macpherson]

<p>If John H had not highlighted the above I would have. The rights grab aspect of many of these competitions is one thing, but the clause that ensures you accept all liability for any 'problems' that arise is virtually always present - they want your work, but they dont want any attached liability - its a good reason to avoid them.</p>

<p>Post your warnings about these competitions here if you can be bothered and want to warn others: http://copyrightaction.com/forums/copyright-alerts/photo-competitions</p>

[kevin_delson]

<p>Since I began selling & licensing images, I've found it interesting how inflexible contest agreements are; yet the organizers of such contests expect to draw top talent. It simply makes no sense.</p>

<p>When we license our images, we often enter into negotiations...one of which often includes (Reverse Indemnification) or (Hold Harmless.)</p>

<p>Would not contests be better served to (indemnify)/ (Hold Harmless) ________Photographer from "uses" by the competition authorities/representatives?</p>

<p>I wonder how many of us would sell/license our imagery under such language found in contest agreements. LOL<br>

Not I.</p>

[gerry_braatz]

<p>I must say I love the AZA but this is incredible. Thanks to everyone for going over this with me.</p>

[JRCrowe]

<p>Hi Gerry I did a quick look through AZA's website and could not find the 2009 winners mentioned anywhere which makes me suspicious of the intent of the photo contest. It might be worth submitting if your work was displayed somewhere but that is not the case. It may be in the magazine but it should be online as well. It might be good advertising if it appeared on their site with a photo credit or a link to your website.</p>

[tim_lewthwaite]

<p>Hey All,<br>

Tim Lewthwaite at AZA here. The AZA photo contest was created a few years ago with a couple of goals in mind - first was to provide photo enthusiasts at AZA institutions a fun contest were they had a chance of getting their shots published in our magazine - we are a membership organization and this is a vehicle to get people more involved and excited about AZA and our member zoos and aquariums. It is also a venue to highlight a wide range of people and institutions in the magazine. The photographers who particpate vary from part-time volunteers taking snap shots to professional photographers submitting some very striking images. <br>

The descriptions of the legal language posted in this discussion are largely correct. We do have the right to use any photos submitted in other AZA publications and materials. This was language required by our legal counsel in order to hold the contest. <br>

If we do decide that a photo submitted to the contest is something we want to use again - say for a marketing postcard - we will go back to that photographer and ask for permission again. The last thing we want to is upset our members, particularly those who enjoy participating in the contest and those photographers who we might want to contact in future about image needs that might arise.<br>

The reality is, that photos submitted to the contest - particulalry those that are published - are not a major source of images that we use for other projects. We tend to contact photographers/institutions directly as needs for other projects arise - and if we can't find the image we want, we then go to a stock photography service.<br>

Hope this clears some things up. The spirit of the contest is perhaps not particulalrly well served by the legal language. </p>

[nick grove photography]

These competitions should be shut down!

It's exploitative of all photographers and a cheap trick to build a comletely free

picture library saving them thousands!

Is there anything we can do about it?

Probably not but I'm going to look into it.

[mizore]

<p>Lawyers draw up contracts to suit their clients. Most publishing contracts try to grab all rights (about a decade ago, there was a massive grab for electronic rights and people were told contracts were non-negotiable); most agents say no. Non-negotiable was a negotiating position in the case of electronic rights, especially since authors who actually write valuable books tend to be fairly well organized. I doubt your contracts were any different.</p>

<p>Mr. Lewthwaite, you need to talk to the people who instructed the lawyers if you want the language to be more member friendly.</p>