Am I being scammed?

[Tight Knot]

Hi all,

I am entering my first competition, and was a little bit surprised at the fine print. Any idea whether this is normal, or if I'm being scammed?
This is the fine print:
"i certify that I have the right to submit the text and photo(s) that I am submitting. My submission signifies agreement to the above and that I agree to grant to ---------http://this-is-galilee.com/ an exclusive, royalty-free, irrevocable, transferable, perpetual license to publicly display my submission on ------------http://this-is-galilee.com/. Submission of photo(s) or other image(s) is on a non-exclusive basis. I grant ------------ the right to pursue anyone who copies my submission. "

Seems a little too open ended on their part, and that I would be giving up my rights almost totally.

Any help would be appreciated.

Thanks,

Bruce

 

[c.cloudwalker]

Most competitions are scams. Live with it or stay away from them.

 

[Ryan L]

Ahh just enter, I bet you will will win and have your work published in a book that you can buy a copy of for like $59.00.

 

[cgipson1]

If they are only displaying it on their site.. and no other, I wouldn't worry about it. If they are getting rights for selling the photo, I would worry about it. One of the caveats of entering contests....

 

[tirediron]

That's VERY standard contest-entry boiler-plate. 99.9% of the time it's just CYA lingo, so that they can display and/or use winning entries for promotional purposes. Some are just outright images grabs. You pays your money, you takes your chances.

 

[GrantH]

It says for use on their site alone, the way you posted the info. If that's the case...if it's used for advertising outside of the site itself (Who advertises on their own site?) then it would void the contract and you could deal with it accordingly.

 

[SCraig]

The biggest problem with it as I see it (and I'm certainly no lawyer) is that it has that nasty word "Exclusive" included in it. As I understand it that word means that they, and only they, have the rights to display / use / print the photograph so effectively you can not do anything with it again. Someone please correct me if I'm wrong.

 

[KmH]

An online photography forum is a poor place to be seeking legal advice.

But yes, that is a basic, necessary, and reasonable use license.

The clause - "an exclusive, royalty-free, irrevocable, transferable, perpetual license to publicly display my submission on" limits the range of usage license to public display, and to usage only on that web site, even if they sell the web site (transferable) to someone else.

Most, but certainly not all, online photo contests are 'rights grabs', but the web sites needs your permission "to publicly display my submission on".

This clause says you can use the photo for other purposes - "Submission of photo(s) or other image(s) is on a non-exclusive basis."

This clause - "I grant ------------ the right to pursue anyone who copies my submission. " says you allow them to seek legal remedies from anyone who copies your photo off their web site, which can cost a fair chunk of change.

Wording that would be more troublesome would say you are 'tranferring copyright', which would be giving up your copyright (photo) ownership, or wording that allows them to sell your submission to 3rd parties or to make any commercial use of your submission they desire.

 

[Tight Knot]

Thank you very much all. I really appreciate your answers.
Glad to hear that it's the standard, basic lingo for competitions, makes me feel better about wanting to enter.
I will more than likely go ahead and enter, and see what happens.
Worst case scenario, I've lost 1 photo, best case scenario, I win, and have the opportunity to buy the book they will be published in, for $59.99.
Just kidding about the book (thanks anyway Ryan L), it's only for a website competition, and I believe the prize is free advertising for my site on their website (most probably worth exactly what it's costing me, $0, but may make me feel good if I win). More than likely a small site looking for free content.

These are the possibilities for the contest that I am thinking of submitting, leaning towards no. 4.

1

2

3

4

I'll let you all know what happens.

 

[redessa]

Are you looking for C&C on the images or just sharing?

 

[MLeeK]

Yeah, be careful. That is standard practice for companies who are looking for new images to use in their advertising, packaging, etc... They give the winner next to nothing in terms of cost and get thousands and thousands of images they now own for any purpose that they want.

 

[KmH]

But, the use license you posted isn't the kind MLeek just mentioned.

The kind of license MLeek mentioned is all to common, and the one you posted is more an exception than the rule.

 

[Tight Knot]

Are you looking for C&C on the images or just sharing?

C&C is always great, although I was just sharing. Any C&C you can give will be appreciated.:thumbup:

 

[Tight Knot]

Thanks KmH. That makes me feel better.

 

[redessa]

Are you looking for C&C on the images or just sharing?

C&C is always great, although I was just sharing. Any C&C you can give will be appreciated.:thumbup:

In that case... I agree that #4 is your strongest image. #'s 1 & 3 both have the horizon pretty much dead center. And #3 even has your subject right smack in the middle of the frame. It would work better if he or she filled the frame. This little tiny person in the middle of the picture is not particularly captivating. They are also being bisected by the horizon line.

#2 Is better as for your horizon placement. But I wish there was more detail in the silouhettes. I thought they were birds at first. Then I noticed the microscopic people back there and what looks like a string. So now I think the "birds" are kites or gliders? I'm still not sure. And that bothers me. That image might have been stronger if done in portrait orientation where you could have zoomed in more on the people while still getting the kite things in the frame and given a little brighter exposure as the water is very dark also.