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SportsShooter.com: Member Message Board

Want to "Work" For ESPN Mag? Enter, Pay And Win
Ian Halperin, Photographer
Plano(Dallas) | TX | USA | Posted: 12:02 PM on 09.07.09
->> ESPN is running a sports photo contest. http://theshot.espn.com/index.shtml

There is an entry fee and the "entrant hereby grants ESPN a non-exclusive, irrevocable license to his or her copyright rights in ... the submitted photographs for use in connection with ESPN's products and services (but not as a standalone product or service), or any product or service that includes such ESPN product or service, and the promotion thereof, throughout the world in any media now known or hereafter devised, in perpetuity."

The grand prize package includes a photo assignment for ESPN The Magazine. It does not promise sideline passes, just an assignment.

So is this:
A. a great oppotunity for a sports photographer to get noticed by ESPN
B. another way for a publisher to get free content
C. just going to add one more "wanna be" to the profession
D. perfectly fine
 This post is:  Informative (1) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Michael McNamara, Photographer, Photo Editor
Phoenix | AZ | USA | Posted: 12:34 PM on 09.07.09
->> If people didn't continually enter contests like this, they wouldn't keep popping up all the time.

Yes, I agree that it sucks that a magazine that so many people here want to shoot for would have a contest that is not only a rights grab but also a contest that you have to pay to enter.

Of your choices, with A, people might get noticed by ESPN, but will they be noticed by ESPN The Magazine's photo editors? Probably not. Sure, there are some of the magazine's editors on the judging panel, but how many people here have gotten work out of a contest entry?

Considering that most of the people who enter will be amateurs who would pee their pants to win and won't even read the terms and conditions, I think the correct answer is some mix of B, C and D.
 This post is:  Informative (1) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Mark Peters, Photographer
Highland | IL | USA | Posted: 12:35 PM on 09.07.09
->> It would seem to me that the following provision would be difficult for many entrants to comply with, if the part quoted by Ian above would be construed to constitute commercial use and not editorial..

"If the entry contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the entry, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the exhibition and use of the entry in the manner set forth in these Official Rules without additional compensation. If any person appearing in any entry is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian may be required on each release. Images of famous athletes or professional sports team stadiums may not be accepted unless all the league, stadium, athlete and any additional release or consents requested by ESPN are provided in writing."
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Jody Gomez, Photographer
Murrieta | CA | USA | Posted: 8:40 PM on 09.07.09
->> Hey, I should enter it. Maybe I'll finally get off EPSN.com and get in ESPN Magazine. It's worth my $12.95 and I'll even get a year subscription! (just kidding!)

:~)
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Jody Gomez, Photographer
Murrieta | CA | USA | Posted: 8:48 PM on 09.07.09
->> Each entrant hereby grants ESPN a non-exclusive, irrevocable license to his or her copyright rights in (e.g., to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit) the submitted photographs for use in connection with ESPN's products and services (but not as a standalone product or service), or any product or service that includes such ESPN product or service, and the promotion thereof, throughout the world in any media now known or hereafter devised, in perpetuity. Although ESPN is not obligated to provide a credit, ESPN will endeavor to provide a credit if ESPN is otherwise crediting any other photographer in such product or service in which a photograph appears. In the event of a failure to provide such credit, an entrant's remedy shall be limited to ESPN's obligation to cure prospectively. Notwithstanding the foregoing, this license does not convey ownership of copyright to ESPN. Entrants shall retain ownership of copyright and may exploit submitted photographs for any lawful purpose.

I'm not an attorney, however I read this as ESPN gets to use the image in relation to the contest, and the photographer keeps the copyrights. Someone correct me if I'm wrong.

Also, take a look at the judges

JEREMY SCHAAP: ESPN On-Air Talent
DHANI JONES ESPN On-Air Talent
KENNY MAYNE Cincinnati Bengals linebacker and host of Dhani Tackles the Globe
HANNAH MCCAUGHEY: Creative Director, Outside Magazine
HOWIE BURKE: Director Sports, Getty Images
CATRIONA NI AOLAIN: Director of Photography, ESPN The Magazine
SIUNG TJIA: Creative Director, ESPN The Magazine
JOHN WESTGATE: Design Director, ESPN.com
CONNOR RISCH: Features Editor, PDN Magazine
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Diana Porter, Photographer
Houston | TX | USA | Posted: 10:13 PM on 09.07.09
->> I noticed a lot of pics of pro athletes already sumbitted. I find it hard to believe that they could get the all the releases from the athlete, team, and league for this. I wonder if they are checking at all?
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Mike Brice, Photographer
Ogden | UT | USA | Posted: 10:58 PM on 09.07.09
->> I thought that's how they gathered all their images - isn't this just spec shooting framed in a different light?
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TD Paulius, Photographer
Orland Park | IL | USA | Posted: 11:00 PM on 09.07.09
->> Jody: Yes, you retain ownership of any copyright in the image should you choose to wisely make it the subject of a copyright registration. No, the grant of rights is not limited to the contest, for ESPN gets to use it in applications far outside the contest in connection with ESPN”s products and services (which includes ESPN.com, ESPN the Magazine, ESPN for Kids, ESPN for Martians and so on). In fact, the term “contest” does not appear in the grant of license rights so I wonder how you came to that assessment. Not only do you pay ESPN an entry fee, but you also give them an irrevocable and perpetual license to do what they want with it in connection with any ESPN entity, thereby substantially destroying your ability to exploit your contest image. Stay away.
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Joseph Zimmerman, Photographer
Howard | Pa | USA | Posted: 11:19 PM on 09.07.09
->> Can they charge for a contest? I thought that was illegal.
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Derick Hingle, Photographer
Hammond | LA | USA | Posted: 11:20 PM on 09.07.09
->> Diana,

The rules stated that the winner will be required to present releases for persons appearing in the photo as well as the venue, so pretty much everyone that submitted a image taken at a pro or college game will likely be declared ineligible when the contest ends. I didn't expect professionals to be eligible so I haven't paid much attention to the contest.
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David Harpe, Photographer
Louisville | KY | USA | Posted: 11:49 PM on 09.07.09
->> From the rules:
"Images of famous athletes or professional sports team stadiums may not be accepted unless all the league, stadium, athlete and any additional release or consents requested by ESPN are provided in writing."

Obviously a lot of people didn't read the fine print, which means ESPN will be making a boatload off of entry fees for photos that have no chance of winning.
 This post is:  Informative (0) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Yamil Sued, Photographer, Photo Editor
Peoria | AZ | USA | Posted: 1:39 PM on 09.08.09
->> Question.....

Among the goodies the Grand Prize winner gets is....


"An ESPN the Magazine photo assignment"

What kind of "Assignment" will he or she get?? Photographig their Cat, Dog or Parakeet?? Or will they get a Press pass to a D1 College Football Game to assist a ESPN Photographer on assignment?? Wait, where have I heard that one before???

Where is the Righteous Indignation and the calls of protest to ESPN for asking for "FREE WORK", giving away Copyrights and handing out "Photo Assignments" to the "Great Unwashed" out there??

Just checking!!
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Jody Gomez, Photographer
Murrieta | CA | USA | Posted: 1:56 PM on 09.08.09
->> "or any product or service that includes such ESPN product or service, and the promotion thereof"

TD, I misread this sentence, which is why I thought it was limited to the contest.

I have no intention of entering - I just wanted to talk about the rules.

Cheers,

Jody
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Michael Ip, Photographer
New York | NY | USA | Posted: 4:36 PM on 09.08.09
->> Winner gets a digital camera. I wonder what it is. If it's a D3 or a 1dmk3, it might be worth entering a killer image. Not a bad contest for an amateur in my opinion. I think there will be issues if a pro wins it. Especially one that doesn't own his own rights to his pics....
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Thread Title: Want to "Work" For ESPN Mag? Enter, Pay And Win
Thread Started By: Ian Halperin
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