Archive for legal rights in photography

Another Canadian Geographic Rights Grabbing Photo Contest

Posted in Controversy, Ethics, Magazines, Rants, Sad News with tags , , , , , , , , , , on July 10, 2010 by Darwin

Canadian Geographic magazine hosts numerous photo contents per year through their popular Canadian Geographic Photo Club. The club is a really good idea and the photo contests have great themes and some nice prizes but by entering these competitions your are at minimum giving away your photos to be used by Canadian Geographic magazine in any way it sees fit. That might seem acceptable or the price ‘you pay for winning’ but this right grabs applies to any image entered! Also Canadian Geo partners with ‘sponsors’ for each contest and these partners also get to use your photos however they want. For example, in their Canadian Wildlife Photography of the Year Contest they partner with the Canadian Museum of Nature and in their Heritage Treasures of Parks Canada Photography Contest they pair up with Parks Canada. In their latest contest The Canadian Geographic Annual Contest (26th edition) they team up with the Forest Products Association of Canada (The Voice of Canada’s Wood, Pulp and Paper Products). This quote below is from the contest page and clearly lays out what rights you are giving away:

Canadian Geographic and the Forest Products Association of Canada (in regard exclusively to the “Framing the Forest” category) reserve the non-exclusive right to publish any entry and/or use any entry in its promotional material during or after the Contest without further compensation to the entrants. For FPAC, promotional material shall include without limitation any print or electronic advertising or marketing material such as posters, online images, newspaper ads, television ads, e-mails and social media content. FPAC further reserves the non-exclusive right to publish and publicly display without further compensation to the entrants any or all winning photos as part of a promotional publicity tour of the photos at a date and for a period of time to be determined by FPAC in its sole discretion.

With regard to any photo submitted to the Contest, you, or the owner of copyright in the photograph, retain all copyright. By uploading or submitting any photo to the Contest, you grant (or warrant that the owner of such materials expressly grants) Canadian Geographic Enterprises and FPAC and its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works or merchandise from any such submitted photograph to promote the Canadian Geographic Photo Club, its photo contests or FPAC in general.

Why would anyone willingly enter this competition where you essentially grant a royalty free license to Canadian Geo, FPAC and ‘affliates’ (whoever those may be)? And yet there are hundreds of entries from photographers.

There are several possibilities.

  • Some people must not read the rules closely and so miss out on the fact that they are granting worldwide royalty free rights to the photos they enter.
  • Some photographers are naive about their rights and the rights they are giving away and have no clue what the rules are asking them to give up
  • Some photographers don’t care. They are thrilled to have their photos published by anyone for any use just for the thrill of seeing their work online or in print.
  • Other photographers are entering strategically. They shoot a lot of material and so are willing to give up an image or two for the chance at winning a prize.

I raise this contest as an example of how many photo competitions are actually just ‘excuses’ to make money (where entry fees are charged) or to get free images for advertising and editorial uses. If you enter photo contests, please read the rules carefully. Are you willing to give up what is asked? Only you can decide. If you want a great site listing some crappy and some good contests to enter go to Photo Attorney (this is also a great legal resource site for photographers)!  Also see my previous rant about Canadian Geographic. And if you want to see what my ‘rules’ are for the photo contests I run on this blog go here