Contest T&C that I don't understand


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clicknick

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Apr 13, 2005
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#1
Hi,
I have seen some contests that have this term and condition:

Your photos should not have been submitted for other contests or competitions before.

I am always curious about this condition. Why is it that a contest organizer will be so concern if my photo has been entered into another competition before. If the photo have been submitted for past competitions and didn't win anything, surely I should be able to submit it for future competitions right? And if my photos did not win in the past contests, who would even know that it has even been submitted before? :think:
 

clicknick

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#3
depends, some of the T&C of other contests may be such that copyright belongs to them regardless if u win or not...
How could submitting a photo for competition be giving away your copyright to your photos? I only seen competition that says that they have the rights to use my photos for commercial or any purpose even if I don't win, but never see contest that says that I must give over the copyrights of my own photo to the organizer and no longer own the rights to my own photos anymore. Hmmm....
 

kelvgoh

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Oct 3, 2006
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#4
How could submitting a photo for competition be giving away your copyright to your photos? I only seen competition that says that they have the rights to use my photos for commercial or any purpose even if I don't win, but never see contest that says that I must give over the copyrights of my own photo to the organizer and no longer own the rights to my own photos anymore. Hmmm....
Bro when they have the right to use your photos for commercial or any other purpose means that they now own your photos and that you have given up your legal rights to claim compensation for the photos, i.e. they own the copyrights.

Cheers

Kelvin
 

clicknick

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#5
Bro when they have the right to use your photos for commercial or any other purpose means that they now own your photos and that you have given up your legal rights to claim compensation for the photos, i.e. they own the copyrights.

Cheers

Kelvin
Ya, i know i cannot claim compensation from the organizer, but the photo is still legally mine right? meaning I can submit it for competition or sell it as stock or whatever. U mean if I decide to use my own photo for commercial purpose, the organizer will sue me for using my own photo?
 

clicknick

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#7
some T&C of competitions state that ownership and copyright of the submitted photos belong to them
Oh, thanks. So I really can get sued for using my own photos, because after submitting my photos to such competitions, its NOT my photo anymore!!! :cry:
 

drumma

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Jan 5, 2005
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#8
i think that the organiser having the rights to use the photos submitted in competitions in commercial or advertising etc, doesn't mean that the creator/photographer have gave the copyrights to them. maybe someone can clarify..
 

ortega

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Nov 2, 2004
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#9
it all depends on the T&C of each contest

if you sign away the rights to use on one contest
and resubmit the photo in another and win
then the 2nd contest will want the rights
but the 1st contest also have rights to use
so 2nd contest not happy.

simple solution, take more than 1 picture.
you just need to prove that they are different photos
via exif, date time filename
 

Prismatic

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Feb 25, 2003
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#10
it all depends on the T&C of each contest

if you sign away the rights to use on one contest
and resubmit the photo in another and win
then the 2nd contest will want the rights
but the 1st contest also have rights to use
so 2nd contest not happy.

simple solution, take more than 1 picture.
you just need to prove that they are different photos
via exif, date time filename
That may not always work, if the contents of the pictures are similar enough, it could be ruled as being the same thing. Actually, most serious competitions have this T&C regarding the use of the photos. It's not only about commercial use of the photo but also fairness of the competition. For example, a judge on a competition will not evaluate the picture according to whether the picture has won a prize or been entered in another competition.

A lot of people might think it might be an unfair surrender of copyrights ,but companies justify it by offering the contestants a chance at the prizes or fame that comes with the competition (Even if most contestants don't actually win).

The bottomline is, the T&C are there for the contestants to read before taking part. If you feel that it's unfair, then just don't take part. Afterall, it's up to you to decide what's the worth of your pictures. The prize or the commercial resale value of your copyright.
 

ortega

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Nov 2, 2004
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#11
in the eyes of the law
a different photo is a different photo

if photog A users camera A to take a photo
camera A is on a tripod

then photog B comes and presses the shutter again just after photog A
the picture that was made when photog B pressed the shutter belongs to Photog B
 

Theo

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Feb 22, 2006
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#12
Hi all,

I'm a keen photographer (very amatuer though!! pics of my kids only) and run a company. as a bit of fun we're running a 'cold snaps' competition - anything slightly related to cold can enter. No rules on similar pictures or multiple entries, we're just looking for the best snaps and to create a bit of a community.

The prize isn't huge, its a hamper of all our products, but it's worth quite a bit. If you're interested in a fun competition rather than the more serious ones you can find it at www.coolthermal.co.uk

Thanks
Bob
 

V

vince123123

Guest
#13
Sorry, but they are not the same thing.

Bro when they have the right to use your photos for commercial or any other purpose means that they now own your photos and that you have given up your legal rights to claim compensation for the photos, i.e. they own the copyrights.

Cheers

Kelvin
 

Prismatic

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Feb 25, 2003
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#14
in the eyes of the law
a different photo is a different photo

if photog A users camera A to take a photo
camera A is on a tripod

then photog B comes and presses the shutter again just after photog A
the picture that was made when photog B pressed the shutter belongs to Photog B
That's in the eye of the law, in a competition, it's all at the judges discretion. And when you join the competition, you already agreed to all their T&C (which includes the surrender of copyrights or similar rights liao). Especially, there's usually one that says: The judges' decisions are final. They can say the picture is not original, lack merit or whatever they want. The point is why do something that you know could hinder your chances of winning in the first place by submitting something similar?
 

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