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The Smithsonian should be ashamed!!
Phil Hawkins, Photographer
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Fresno | ca | usa | Posted: 3:44 PM on 03.20.09 |
->> They are running their contest again and the rules state:
"By entering the contest, entrants grant Smithsonian Institution a royalty-free, world-wide, perpetual, non-exclusive license to display, distribute, reproduce, and create derivative works of the entries, in whole or in part, in any media now existing or subsequently developed, for any Smithsonian Institution purpose, including, but not limited to advertising and promotion of the magazine and its Web site, exhibition, and commercial products, including but not limited to Smithsonian Institution publications. Photographs may appear on the Smithsonian Journeys Web site as well as in Journeys publications. Any photograph reproduced will include a photographer credit. The Smithsonian Institution will not be required to pay any additional consideration or seek any additional approval in connection with such uses."
How arrogant! Sure, winning a Smithsonian contest might feel good, but how are you going to feel when you see your image used over and over and you get nothing?
Wow, the balls on these people. |
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Samuel Lewis, Photographer
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Miami | FL | USA | Posted: 4:21 PM on 03.20.09 |
| ->> Do you have a link to the where the terms and conditions exist on the Smithsonian's website? |
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David Harpe, Photographer
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Louisville | KY | USA | Posted: 6:15 PM on 03.20.09 |
->> I think people are cutting and pasting this language. I did a google search on the key paragraph above (omitting the Smithsonian-specific info):
http://tinyurl.com/d977mc
Notice how many hits come up from a variety of sources. Some of the google results are simply quoting the Smithsonian contest, but there are others (Lakeshore Learning, IFES, etc.) that seem to be using the same boilerplate.
I wonder if people are copying it from the Smithsonian site, or if Smithsonian copied it from some other site? Or maybe there is some form-letter company out there that has this language in a template...
Dave |
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Phil Hawkins, Photographer
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Fresno | ca | usa | Posted: 7:33 PM on 03.20.09 |
| ->> They're all using the same lawyer it seems. |
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Matt Cashore, Photographer
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South Bend | IN | USA | Posted: 8:19 PM on 03.20.09 |
| ->> Of course they are! At some point in the past someone got sued because of a contest like this. The Monday morning after the settlement they had a meeting to figure out how to keep that from ever happening again and some lawyer came up with this language and everyone else's legal departments took notice and said, "Hey, we need that language in our contract so we don't get sued like they did!" Suddenly it's the legal world's equivalent of the "High Pass Filter Look". Everyone's doing it. That's probably the same way "work for hire" contracts were born. |
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Chuck Steenburgh, Photographer
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Lexington | VA | USA | Posted: 8:41 AM on 03.21.09 |
->> Simple answer: don't enter the contest. That's why it is a contest, not a request for proposals. You don't enter a contest to make money.
Come on Phil...and others. Do we really need to see these breathless posts about the latest rights grab? It's one thing if an organization tries to "steal" rights in a situation where there's no expectation of this (like a venue or team that wants to claim rights over photos you shoot there), but not a promotional event FOR the organization. Why do you think they have these contests in the first place? |
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Craig Kohlruss, Photographer
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Fresno | CA | USA | Posted: 10:47 AM on 03.21.09 |
| ->> Nothing arrogant about it at all. That's how photo contests are run. Winning images are used as promotional material. |
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Scott Sewell, Photographer
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Topeka | KS | USA | Posted: 11:45 AM on 03.21.09 |
| ->> Excellent point, Chuck. Almost exactly what I was going to suggest. If ya don't like it, no one is forcing you to enter. Pretty simple, really. |
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Phil Hawkins, Photographer
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Fresno | ca | usa | Posted: 12:15 PM on 03.21.09 |
->> "Nothing arrogant about it at all. That's how photo contests are run. Winning images are used as promotional material."
Craig; read the thing. It says "By ENTERING the contest, ENTRANTS grant Smithsonian..." It's not only the winners who are taken advantage of, it's anyone who enters! And they can use the photos for anything, not just to promote the contest. "...not limited to Smithsonian publications..."
Scott; That's an obvious point; goes without saying. But I would not expect this kind of treatment of photographers from Smithsonian, is my only point. You would think they would have more respect for photographers. |
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Jim Work, Photographer
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Alpine | TX | USA | Posted: 1:52 PM on 03.21.09 |
| ->> I think a lot of you are missing Phil's point. It is another one of those little things that continue to hack away at our profession. Why should the Simthsonian (or any other group) ever think of ever hiring a "professional" if they can get a bunch of images for free buy holding a contest......Thank you Phil for a least trying to make people think about the state of our profession...... yes, it could be another sign of the apocalypse....... |
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Robert Longhitano, Photographer
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North Wales | PA | USA | Posted: 2:06 PM on 03.21.09 |
->> Nothing personal but I'm with Chuck. It's a freaking contest! What on earth is so professional about entering a contest that's not a clip contest?
This is obviously for amateurs, under the rules, photographs that have been published in magazines and newspapers are not eligible.
If anyone has a photograph worthy of winning (that's why you would enter right?) you should spend more time finding out how you could market that image to license. |
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Rich Cruse, Photographer
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Laguna Niguel | CA | USA | Posted: 5:25 PM on 03.21.09 |
->> The reality is that there is no need for anyone holding a contest to grab away all these rights for images. Amateurs have no idea what a good photo is worth, so they willingly hand over rights with the hopes of winning a prize. My sister was a finalist in the National Geographic contest which had a similar rights grab and you know what she got? A BOOK worth $30! Hardly worth giving away most if not all rights!
Educate your non-professional friends about these types of contests. Most don't realize they are giving up rights for nothing or the "chance" to win a prize. |
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Chuck Steenburgh, Photographer
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Lexington | VA | USA | Posted: 6:31 PM on 03.21.09 |
| ->> I once entered an image in a contest for an environmental symposium. I didn't win, but the next year they contacted me about using my image on the cover of their symposium booklet. I don't think they used any of the "winning" images. Sometimes contest winners aren't the best promotional material. :) |
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