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You may have seen the ATI Snap! Share! Win! Photo Contest on the front page of the OCP. I decided to persue the terms and see what happens to our entries according to the rules that are probably legally-biding...
Obviously I am posting this because I am find some disturbing trends in these sorts of contests and want to make people aware of some of the potential pitfalls with the terms. I have seen some other contests with similar terms, and while the effects they have may not be evident right now, in the future you may find that some company is making money off of a picture that you submitted to these contests, and that you are not being compensated for it. You lose, and sadly everyone else who tries to make a living selling photography loses.
Although I use ATI's contest as a specific example in examing the terms, I did so out of convinience (what other photo contest would [H] members be interested in right now than ATI on the front page?). Please be aware that there are many other companies that have similar practices.
The best I can offer is to try to inform...though of course I am a photographer who dislikes rights-grabbing contracts/terms...so consider that when you read my discussion on these sorts of contests.
........................................
Anyways, after visiting the page (www.ati.com/snapsharewin), I was redirected a few times until I saw an advertisement of some sort. My sound doesn't always work, so I skipped the video on the first page. I still have no idea what it was about.
Then I saw this...
I decided to track down the origin of these pictures. Afterall, I was convinced this would be a simple task. I managed to find 2 of the images in a quick search.
After this I decided to figure out where the legal stuff was, as it really helps to know what the runner of the contest wants to do with submitted images...
After seeing a box prompting me to enter my e-mail and a link to another video (that I don't understand as I lack sound on my workstation), I find the link I'm looking for at the very bottom of the page...this is scrolled all the way down in the document in Mozilla.
So I click on it, and spend some time reading it...
So far it is pretty standard stuff, although ATI can apparently ask for a model/property release just because they feel like it...even if I'm not a semi-finalist. In practice I doubt ATI would actually do the aforementioned hypethetical scenario...but if any contest wants a model release from you, you better ask them why...because it usually turns out, that is the usually the only thing preventing the administrators of such a contest from using your image commercially.
And then I saw Section 3. OWNERSHIP/USE:
I'll quote it here and bold some stuff I think is important...
Well, it looks like there are a couple of main points here. Remember, IANAL...
That said, if your pictures are good enough to win (there will likely be many good entries to compete against), guess what you get?
Not a bad camera. Would definately be a decent start for someone interested in photography. That is unless you've already invested more money in the camera that made your winning shot. Then again, there is always e-bay or holidays coming up... It is much better than being someone who is not compensated for the photos they submitted & gave-up...
But what about that awesome sounding computer system that you may have read about? That is in the sweepstakes. You simply need an image that isn't offensive to ATI to get into the sweepstakes...so your 5 awesome photos (that you entered & transfered all of your copyrights to ATI) will not get you any closer to that Dell XPS system than a single picture of a clover or something...
........................................
In conclusion, and because it is now very late at night, just be aware of what you are getting into. Beware as there are many other photo contests with similar terms, so if you are a concerned photographer read all of the fine print before you submit your pictures to anything.
Yes, there are companies dedicated to persuading photographers to enter their prints into a contest that does not exist (just search online for run-of-the-mill "professional" photo contests). You want to avoid these sorts of bait-and-run shops. Research is key before submitting anything.
But there are a few rare cases where licensing your photo is necessary. Especially if it is to be published. Generally you want to know the terms. Unfortunately what ATI has here for terms is considered rights-grabbing.
Personally I can accept licensing terms. But I have disgust for rights-grabbing terms.
Obviously I am posting this because I am find some disturbing trends in these sorts of contests and want to make people aware of some of the potential pitfalls with the terms. I have seen some other contests with similar terms, and while the effects they have may not be evident right now, in the future you may find that some company is making money off of a picture that you submitted to these contests, and that you are not being compensated for it. You lose, and sadly everyone else who tries to make a living selling photography loses.
- Before you continue reading, please realize that it is ultimately your decision to enter into such contests.
But it does help to understand what could happen.
Although I use ATI's contest as a specific example in examing the terms, I did so out of convinience (what other photo contest would [H] members be interested in right now than ATI on the front page?). Please be aware that there are many other companies that have similar practices.
The best I can offer is to try to inform...though of course I am a photographer who dislikes rights-grabbing contracts/terms...so consider that when you read my discussion on these sorts of contests.
........................................
Anyways, after visiting the page (www.ati.com/snapsharewin), I was redirected a few times until I saw an advertisement of some sort. My sound doesn't always work, so I skipped the video on the first page. I still have no idea what it was about.
Then I saw this...
I decided to track down the origin of these pictures. Afterall, I was convinced this would be a simple task. I managed to find 2 of the images in a quick search.
After this I decided to figure out where the legal stuff was, as it really helps to know what the runner of the contest wants to do with submitted images...
After seeing a box prompting me to enter my e-mail and a link to another video (that I don't understand as I lack sound on my workstation), I find the link I'm looking for at the very bottom of the page...this is scrolled all the way down in the document in Mozilla.
So I click on it, and spend some time reading it...
- I'm eligible to enter as I'm over 13 & am a resident in one of the 50 states
- I just need to enter up to 5 photos in different categories (1 per category) to win
- If my entry offends ATI in any way they can disqualify it
- If ATI asks for a model/property release I must give it to them (?)
So far it is pretty standard stuff, although ATI can apparently ask for a model/property release just because they feel like it...even if I'm not a semi-finalist. In practice I doubt ATI would actually do the aforementioned hypethetical scenario...but if any contest wants a model release from you, you better ask them why...because it usually turns out, that is the usually the only thing preventing the administrators of such a contest from using your image commercially.
And then I saw Section 3. OWNERSHIP/USE:
I'll quote it here and bold some stuff I think is important...
Well, it looks like there are a couple of main points here. Remember, IANAL...
- ATI owns your(?) photos when you enter the contest (kiss copyright goodbye)
- ATI can use your photos even if you don't win (rights-grabbing)
- You'll likely never know where your picture will end up from here
That said, if your pictures are good enough to win (there will likely be many good entries to compete against), guess what you get?
first place said:
second place said:
Not a bad camera. Would definately be a decent start for someone interested in photography. That is unless you've already invested more money in the camera that made your winning shot. Then again, there is always e-bay or holidays coming up... It is much better than being someone who is not compensated for the photos they submitted & gave-up...
But what about that awesome sounding computer system that you may have read about? That is in the sweepstakes. You simply need an image that isn't offensive to ATI to get into the sweepstakes...so your 5 awesome photos (that you entered & transfered all of your copyrights to ATI) will not get you any closer to that Dell XPS system than a single picture of a clover or something...
........................................
In conclusion, and because it is now very late at night, just be aware of what you are getting into. Beware as there are many other photo contests with similar terms, so if you are a concerned photographer read all of the fine print before you submit your pictures to anything.
Yes, there are companies dedicated to persuading photographers to enter their prints into a contest that does not exist (just search online for run-of-the-mill "professional" photo contests). You want to avoid these sorts of bait-and-run shops. Research is key before submitting anything.
But there are a few rare cases where licensing your photo is necessary. Especially if it is to be published. Generally you want to know the terms. Unfortunately what ATI has here for terms is considered rights-grabbing.
Personally I can accept licensing terms. But I have disgust for rights-grabbing terms.