Beware of Photo Contests

January 19, 2010 · 12 comments


Barbados, Boys running on beach: Frommer’s Caribbean Guide 2009

The cover of a travel guidebook is key to its success. Publishers have always put a lot of effort into picking just the right image to sell a book and its destination, and have paid well for the usage. That is, until now.

Rather than pay established rates of a thousand dollars or so from a stock agency or established pro, one leading company, Wiley Publishing, has now moved to crowdsourcing images for the cover of a Frommer’s guide. They have announced a photo contest, sponsored by Air New Zealand, and aimed squarely at amateur and semipro photographers. The winner will get $5000 and their photo on the cover of a Frommer’s guide.

What’s the catch? Five grand sounds like a handsome payment.

The catch is very simple. Read the rules!. Not only can Wiley¬†publish the winning image. They can also publish every single image submitted to the contest by every contestant, in any of their books, forever, all without any payment whatsoever. So they aren’t paying $5K for one image, but for thousands of images.

As an added catch, not only are contestants required to relinquish publishing rights forever (albeit non-exclusively), but they must agree to indemnify Frommer’s (i.e. pay all their legal bills) if there is any question whatsover about the image later on. Not even pros do that.

Here’s the legal details:

License: Participant retains ownership of the copyright in any submitted photographs. However, by entering photograph(s) in this Contest, participant grants Sponsor the irrevocable, perpetual right to edit, adapt, use and publish in any media now known or hereafter discovered any or all of the photographs without compensation to the participant, his or her successors or assigns, or any other entity. ENTERING A SUBMISSION IN THIS CONTEST CONSTITUTES PARTICIPANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE, AND TRANSFERENCE TO SPONSOR OF THE FOREGOING RIGHTS. Photograph(s) shall be given attribution credit based on the name supplied with submission. The winner shall work with Sponsor to change the file in any way deemed necessary for publication of the photograph(s). The participants shall supply, upon request, original, unmodified digital files.

and

Participants… waive and release, and agree to defend, indemnify and hold harmless, Sponsor,all contest and advertising agencies, and their respective parents, subsidiaries, affiliates, distributors, and all of their respective officers, directors, employees, representatives and agents, and their respective successors and assigns (the “Indemnified Parties”), from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever…..arising in whole or in part, directly or indirectly, from…. the use of the photograph….

Photographers who are tempted to participate should stop and think if this is a risk they want to undertake. Like several other rights grabs which have surfaced recently, this contest is no contest at all. At the very minimum Wiley ought to pay for whatever images they use in any of their books, and adjust the onerous indemnification terms.

Photographers who wish to complain can find Frommers Travel on Facebook and on Twitter at @frommerstravel .

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