Smithsonian Photo Contest: Thoughts on Photo Rights?

[Villanova]

Hi all,

I'm thinking of entering the photo contest run by the Smithsonian. I was reading their rules when I came across this section:


http://www.smithsonianmag.com/photocontest/rules/

"You retain your rights to your photograph; however, by entering the contest, you grant the Smithsonian Institution (and those authorized by the Smithsonian) a royalty-free, world-wide, perpetual, non-exclusive license to publicly display, distribute, reproduce, and create derivative works of the entries, in whole or in part, in any media now existing or later developed, for any Smithsonian Institution purpose, including, but not limited to, advertising and promotion of the magazine and its website, exhibition, and commercial products, including but not limited to Smithsonian Institution publications. Any photograph reproduced will include a photographer credit as feasible. The Smithsonian Institution will not be required to pay any additional consideration or seek any additional approval in connection with such uses."

I'm an artist by way of photography. This is more than a hobby to me. I hope to soon exhibit, sell prints, etc. Is the Smithsonian's policy something similar applicants should be worried about?

Thoughts?

 

[Damaso]

If you are thinking about selling an image that you would submit to the contest I would be concerned. In general I don't like to support contests like these that use these kinds of broad agreements. Just remember it's possible that they can use your work, however unlikely...

http://petapixel.com/2014/11/25/fli...s-selling-work-wall-art-without-compensation/

 

[NY_Dan]

By entering you give up everything. Any honest contest would say only the winning entries can be used, and only to promote the contest and magazine for a limited time -- not to make products for sale. A fool and his photos are soon parted.

 

[panerai]

Seems to be the way of a number of contests. The Toronto Star had their photo contest with the exact same rules.

DON

 

[gb hill]

If one does not want to donate work to the Smithsonian, than they of course should not enter the contest.

Frankly I would not mind if I found my photograph on a mouse pad in every gift shop in Washington DC.

But that is just me. 🙂

I agree. The exposure would be good. I'd be tickled pink if they choose my photo to place on a mousepad or coffee mug.

 

[NY_Dan]

There are plenty of novelty places that can turn your photo into a mouse pad.

Why should anyone give away their photos to a business? Worse, they can then sell your photos to third parties. And if you gave them a photo of a person, and you didn't have a model release, and the person sued, you would be liable for everything, including the legal fees of the contest organization. When the organization is using the photos for advertising, for products, and selling the photos, it's no longer fair use or news or art. Legally, that's a whole different ballgame. These contests are the easiest way for companies to create free image libraries. I read on this forum how this or that member doesn't want to undercut local pro photographers trying to earn a living. Well, when organizations, even wealthy organizations can get photos for free, then this will devalue photographs.

Now let's put the shoe on the other foot so to speak. Will Smithsonian or other organizations give you free photos from their image libraries?

 

[presspass]

There was a time when I would have been happy to have my photos used by just about anyone. That time is long past. If you are making photographs that you would like to sell, either individual copies for exhibit or prints or electronic files for reproduction, you should not give away the rights to those images on the chance, perhaps, just maybe, you will win a prize. Frankly, the Smithsonian should be ashamed to ask this. Then again, it is in Washington …

 

[Damaso]

The entrant doesn't give up any rights.

I suppose if were about to sell a photo in a gallery, I might feel obligated to reveal that the Smithsonian owns and can reproduce a copy? Can anyone really imagine a situation where a collector would say, don't want that photo, saw it on the cover of Smithsonian's magazine?

I can imagine a world in which the price someone is willing to pay for a photo under those circumstances is far lower...