Being Wise with Your Photos
Everyone loves to make photos and we all do it for different and various reasons.
One thing we all have in common however, is that we love to show off our photos. 
Displaying them on the web is fun, but nothing is better than a real print – matted and framed – on display someplace, or seeing our masterpiece in a calendar or magazine.
So when we have an opportunity to get our photos in the public eye by entering a contest or an exhibit many of us jump at it.
We’ve all make submissions without ever reading the entry rules, and I used to do the same thing. But take a few minutes to actually read them and you may be surprised.
In many photo contests, you are agreeing that others may use your photos on their site and anywhere else they see fit without payment to you – even if your entry does not win.
Look for the section that talks about who holds the copyright – many entry rules specify that you forfeit all rights to your photos. That means you can no longer sell it or use it for other projects – essentially it's not your photo anymore.
Here is just one example from Smithsonian.com:
By entering the contest, entrants grant Smithsonian Institution a royalty-free, world-wide, perpetual, non-exclusive license to display, distribute, reproduce, and create derivative works of the entries, in whole or in part, in any media now existing or subsequently developed, for any Smithsonian Institution purpose, including, but not limited to advertising and promotion of the magazine and its Web site, exhibition, and commercial products, including but not limited to Smithsonian Institution publications. Photographs may appear on the Smithsonian Journeys Web site as well as in Journeyspublications. Any photograph reproduced will include a photographer credit. The Smithsonian Institution will not be required to pay any additional consideration or seek any additional approval in connection with such uses."
Our local newspaper asks for entries of local photos for their yearly calendar, yet they have not displayed any entries rules. At one point (in 2008) I emailed them and asked and they replied:
" The calendars aren't sold, but there is paid advertising on each page. Profit from the advertising goes to the Observer-Dispatch. There are no plans at this point to use the photos in anything other than the calendar, but the Observer-Dispatch reserves the rights to use the photos in future promotional materials.."
"Before any images will be published in the calendar, we will require signed permission to use the image without any financial compensation to the owner of the photograph . At that time, the owner can decide whether or not to let us use the photograph."
Let’s think about this. If they choose your photo they make a profit from your work, provide no financial compensation and may use our photos for future promotional materials. I wonder what happens to the photos not chosen for the calendar – they did not specify and I didn’t ask, I just didn’t enter.
In my opinion – something is wrong, as is the with the Smithsonian rules, and many other “contests.”
I was guilty myself by not reading the rules when I submitted a photo to National Geographic. I read entry rules now and cringe ..
By entering the Contest, all entrants grant an irrevocable perpetual non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known…”
Well, at least the National Geographic winner gets a $5700 camera. But, even if you don’t win, you still are granting others to use your work for profit – of which you get no compensation.
Carolyn E. Wright (an attorney) has a really interesting blog and often dissects and comments on photo contest entry rules. It’s fun and educational to follow.
I am not suggesting a boycott of all contests, but I am suggestion that you read the entry rules and be sure you are okay with them. Obviously many of these “contests” are merely ploys to harvest photos without paying the photographers.
Closing on a positive note, we are lucky enough in Utica, NY to have a many contests and exhibitions that give us a chance to display our work without the concerns cited above.
Munson Williams, Danella’s Photography Weekend in Central New York (my favorite) and the Herkimer County Community College/Utica Camera Club exhibit come to mind. I am sure their may be other projects and exhibitions that exist for the love of photography and not for the exploitation of our hard work.
Related links
- Nat Geo Contest Rules
- Smithsonian Rules
- Danella’s Weekend in Central New York
- Guy Danella’s Blog
- Carolyn Wright’s Blog
