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Friday, May 01, 2009

Krohn Butterfly Photo Contest: Rights-Grab Warning!

Krohn Conservatory is presently hosting their annual Butterfly Show here in Cincinnati, which is a great event & runs through the 21st of June. What's not so great are the terms and conditions of their Butterfly Photo Contest. Read on for the gory details and a great, free alternative.

In an unfortunately common rights-grab, the official rules (archived here) of the contest contain clauses which transfer ownership and grant an exclusive, unlimited license to the submitted photographs. Adding insult to injury, the lucky "winner" of the contest must agree that they will not display their photograph publicly without permission.

Some prize, eh? At least you get a $25 gas card...

Though targeted toward amateur photographers, if you've ever been to the "photographer nights" at the show you'd know that these folks all take their work quite seriously. Whether or not they ever plan to sell (or even show) their photographs, you can bet that photographers entering the contest would be hurt to realize that they are forever signing over their top shots to Cincinnati.com (Gannett Co.).

Here are the offending paragraphs; highlights are added for emphasis:
All entries become property of Sponsor. Contestants acknowledge and agree that Sponsor shall have the right to edit, adapt, modify, reproduce, publish, promote, create a sound recording of, broadcast, or otherwise display or use entries in any way it sees fit without limitation or compensation to entrants.
...
8. Copyright. By entering the Contest, each contestant grants to Sponsor an exclusive, royalty-free and irrevocable right and license to publish, print, edit or otherwise use the contestant’s submitted entry, in whole or in part, for any purpose and in any manner or media (including, without limitation, the Internet) throughout the world in perpetuity, and to license others to do so, all without limitation or further compensation. Each contestant further agrees that if his/her entry is selected by Sponsor as the winning entry, he/she will sign any additional license or release that Sponsor may require, and will not publicly perform or display his or her submission without the express permission of Sponsor.

The way I see it, the only way this set of terms could be more offensive is if they promised to slap you on the rear and yell "Booyah!!" if you win.

But the contest is for amateurs - why would they care?
True, some will not care & that's just fine. But, most people who shoot in any professional capacity started off as an amateur and likely have a large library of quality photos created before they ever thought about a paying gig. Also, many non-pros who enjoy displaying their work in a coffee shop would be affected by these terms...

Besides, the business isn't the point here. The real problem is one of pride - the pride you take in your own photographs, regardless of whether you care to make a sale or not. Doesn't the fact that Gannett forces everyone to sign all of your rights away (with a clause buried deep in the terms, no less) make the whole thing feel just a bit... dirty?

Visit the Butterfly Show, but Steer Clear of the Contest!

I'm a big fan of the Krohn Conservatory and especially the annual Butterfly Show - it's always a great photo op and it's very cool that they reserve Monday evenings exclusively for photographers. Please do check it out if you have a chance, but think twice before entering this - or any (especially any Cincinnati.com or Enquirer; their Travel contest has similar terms) - photo contest.

As an alternative, why not post your favorite photographs to a site like Flickr? Tag your photos with krohnbutterfly2009 and everyone can have a look at the great images you've created.

After all, who are you hoping to share your photos with - other photography enthusiasts, or a big company in a crumbling industry looking for alternatives to hiring photographers?

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1 comments:

Nicholas Viltrakis said...

Right on Ryan! How totally weak. Thanks for the tip.
Here's my selections: http://nicholasviltrakis.blogspot.com/2009/05/051609-krohn-conservatory-butterfly.html

Nicholas