Would you sign this winners agreement?

Discussion in 'General Shop Talk' started by ottor, May 17, 2010.

  1. ottor

    ottor No longer a newbie, moving up!

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    Was just notified that I won 3rd place in a photo contest for a local Insurance company... got a PrePaid $50 Visa card... This is one of my favorite photos, but I'm not in the "Business" of photography.... I take pic's for a hobby... They want me to sign this "Winners Agreement" and there are a couple of phrases that concern me... I stuck this in a contest to be 'judged' and become a possible 'winner', and I didnt' join this with the intent of giving them all rights to my picture....

    Perhaps I'm getting alarmed for nothing, but I thought I'd let some Pro's look at this and tell me what some risks are...


    Winner's Agreement


    1.
    Photos. All photos submitted to FBM must be taken in the state of Idaho by the person submitting the photo. FBM has
    complete discretion whether a photo is displayed, and if displayed, how it is displayed and how long it is displayed. FBM
    reserves the right to alter any photograph submitted for this contest. By submission of a photo, each Contestant will be
    participating in the FBM photo contest and be eligible for prizes or awards as stated in the contest rules.
    2.
    Agreements of Contestants.
    1. Granting of Copyright and Acknowledgment of Right to Submit. A Contestant has the right to submit one or
    more photos for display in the Photo Gallery. By submitting a photo to the Photo Gallery, Contestant grants to FBM
    a perpetual non-exclusive, royalty-free and irrevocable right to place that photo in the Photo Gallery and to use,
    reproduce, copy, publish, display, distribute, adapt, modify or otherwise exploit that photo and to incorporate it in
    other works and to sell, license, or otherwise commercially utilize that photo.
    2.
    Confirmation of Agreement. By submitting a photo to the Photo Gallery, Contestant warrants to FBM that:
    1.
    They have read and are bound by the terms of this Agreement.
    2.
    They are at least 18 years old and are the photographer that took the picture being submitted.
    3.
    They own and have the legal right to submit the photo to the Photo Gallery and to grant to FBM the rights
    described in this Agreement.
    4.
    That they have obtained all required releases from any persons who are recognizable in the photo and from
    any persons who have provided any materials appearing in the photo.
    5.
    That FBM's copying, publishing, displaying, or otherwise utilizing the photo will not infringe upon the
    rights of any other party.
    6.
    They waive any right of attribution, integrity or otherwise with respect to FBM's copying, publishing,
    displaying, or otherwise utilizing the Photo.
    7.
    They agree that FBM may use Contestant's name in publicity or advertising of the photo without
    compensation to the Contestant.
    8.
    They recognize that FBM has no liability for any unauthorized use of the photo by third parties.
    3.
    Restrictions on Photo Viewers. Any person viewing the Photo Gallery ("Photo Viewer") has no right to store or reproduce
    any photo displayed in the Photo Gallery for their personal use. A Photo Viewer may not use, publish, display, sell, license, or
    otherwise commercially utilize any photo in the Photo Gallery or incorporate that photo in any other works. A Photo Viewer
    may vote on the quality of photos, but may only submit one vote per photo.
    4.
    Indemnification. Each Contestant or Photo Viewer individual accessing the Photo Gallery agrees to indemnify and hold
    FBM harmless from any loss, liability, damage or expense (including attorney fees) suffered or incurred by FBM as a result
    of a breach of his/her warranties or commitments in this Agreement.
    5.
    Discontinuance or Change of Photo Gallery. FBM reserves the right, in its discretion, to modify or discontinue the Photo
    Gallery at any time for any reason.
    6.
    Modification of Terms and Conditions. FBM reserves the right, in its discretion, to modify the terms and conditions of this
    Agreement at any time by posting such modifications in the Photo Gallery. Any Contestant who submits a photo to the Photo
    Gallery and any Photo Viewer who accesses the Photo Gallery to view photos will be bound by such posted modifications.
    7.
    Applicable Law Jurisdiction. This Agreement is being made under and will be interpreted in accordance with the law of the
    State of Idaho. The exclusive jurisdiction and venue for any action to interpret or enforce the terms of this Agreement shall be
    a State or Federal Court in the State of Idaho and FBM, each Contestant and each Photo Viewer expressly consents to that
    exclusive jurisdiction and venue.
    As a Contestant or Photo Viewer I agree to all of the above terms and conditions

    Signature
    Date

    Print Name:_____________________________________________ __________
    __________________
     
  2. c.cloudwalker

    c.cloudwalker TPF Noob!

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    Sounds to me like you've already agreed to the terms by entering the contest :(
     
  3. KmH

    KmH Helping photographers learn to fish Supporting Member

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    ..........You were toast the instant you entered the contest. The way I read the agreement: It's not your photo anymore if you have signed any document from them.

    to use,
    reproduce, copy, publish, display, distribute, adapt, modify or otherwise exploit that photo and to incorporate it in
    other works and to sell, license, or otherwise commercially utilize that photo.
     
  4. c.cloudwalker

    c.cloudwalker TPF Noob!

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    By the way, don't even think of doing anything else with this photo until you have found a way out of this mess, if you can that is. If you were to use it for something else, they could sue you.

    Sorry man but you got suckered like a lot of other people do.

    There are decent contests out there but most of them only benefit the people setting them up. Always read the rules carefully BEFORE entering. Try and look at the positive side: you won't make this mistake again soon.
     
  5. Fedaykin

    Fedaykin TPF Noob!

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    Wow, that sucks....
     
  6. ghpham

    ghpham TPF Noob!

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    This kind of thing is fairly standard of many photo contests. Next time, you'll know better.
     
  7. ottor

    ottor No longer a newbie, moving up!

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    Appreciate all the input - guess it's an understatement to say "Lesson learned".! - I realize now that some damage was done just by entering the contest .... however, after reading the 'rules' that was there before I submitted the photograph (although in very small print at the bottom of the page), there is a statement that reads:

    Ownership/Use Rights

    Contestants retain the copyright to their photographs.

    Photos will be credited to the photographer named in the entry form.

    Photos submitted to the Reason�s To Love Idaho photo contest will never be sold.

    Farm Bureau will never claim to own the photography.

    Entrants agree that Farm Bureau Insurance may contact them to obtain permission for use of photos in other ways if the needs arise.

    *******************


    This is totally different than the language in the Winners agreement sent to me AFTER being a winning entry...


    By submitting a photo to the Photo Gallery, Contestant grants to FBM
    a perpetual non-exclusive, royalty-free and irrevocable right to place that photo in the Photo Gallery and to use,
    reproduce, copy, publish, display, distribute, adapt, modify or otherwise exploit that photo and to incorporate it in
    other works and to sell, license, or otherwise commercially utilize that photo.

    I think the damage has been done, but I'm certainly not going to sign a document that allows them to profit directly from the sale of the photograph, for a sum of $50 !! Lesson learned, and although they can still use the photo, at least I'm not compounding the mistake by giving them even more rights with this latest document...

    Again, appreciate the input !!
     
  8. KmH

    KmH Helping photographers learn to fish Supporting Member

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    If you haven't electronically signed anything stating they acquire copyright ownership, you likely retain copyright.

    However, transfer of a right on a nonexclusive basis does not require a written agreement and FBM used the term non-exclusive for that reason.​

    http://www.copyright.gov/circs/circ1.pdf, Page 6.
     

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