Using Photo for Promotional Purposes - Legal Question

Started Oct 3, 2013 | Discussions
bucky007 New Member • Posts: 5
Using Photo for Promotional Purposes - Legal Question

Hi All,

I have a question regarding what the term promotional purposes means. Here's how it was used.

A photo contest states the following as part of the guidelines for entering the contest.

Photo Rights
The (name of organization) reserves the non-exclusive right to use all photographs in publications, exhibits or for other promotional purposes.

I would assume this does not give the organization the right to resell/reproduce the entrants image as a print or digital does it?  Could they put the entrants image up on say smugmug and resell prints?

Maybe it does under the words (for other promotional purposes) but this goes beyond what I have been able to find researching on the web.

Anyone out there have a clear answer on this?

Thanks You - Jeff

mike703 Veteran Member • Posts: 6,715
Re: Using Photo for Promotional Purposes - Legal Question
1

'for promotional purposes' means 'for their own advertising' or publicity purposes. This is quite a common condition of entering a competition - but it doesn't means that they have the right to sell copies of your picture, nor does it measn that you lost the copyright, unless the terms and conditions explicitly say so. If you are concerned, why not just ask the competition organisers to be sure?

Best wishes

OP bucky007 New Member • Posts: 5
Re: Using Photo for Promotional Purposes - Legal Question

Thanks for the response Mike.  I brought up the question because I recently entered said contest and won several categories.  I received an email today with a link to a site where the winning images may be purchased.  This caught me totally off guard as I never expected my images to be resold like this.  This is a non profit organization and I think they might be setting themselves up for trouble here if not from me from one of the other winners.

Dan Marchant Veteran Member • Posts: 3,290
Re: Using Photo for Promotional Purposes - Legal Question

Not a lawyer but I have certainly never heard of any situation where promotional use included the right to sell something. That would be commercial exploitation (as opposed to "commercial use" which is the term used to describe the promotion of a business/product/service or cause).

There have been (probably numerous) cases of competition organisers selling books of the winning entries etc but that was usually clearly stated in the contest terms & conditions.

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SomebodyFamous
SomebodyFamous Regular Member • Posts: 324
Re: Using Photo for Promotional Purposes - Legal Question

bucky007 wrote:

Hi All,

I have a question regarding what the term promotional purposes means. Here's how it was used.

A photo contest states the following as part of the guidelines for entering the contest.

Photo Rights
The (name of organization) reserves the non-exclusive right to use all photographs in publications, exhibits or for other promotional purposes.

I would assume this does not give the organization the right to resell/reproduce the entrants image as a print or digital does it? Could they put the entrants image up on say smugmug and resell prints?

Maybe it does under the words (for other promotional purposes) but this goes beyond what I have been able to find researching on the web.

Anyone out there have a clear answer on this?

Thanks You - Jeff

It means what it says. They can put your picture on freebies that they give out, on advertisements etc and don't generally have to credit you. They don't appear to be able to charge although they could charge to view it.

-- hide signature --

I take photos for my own pleasure. I write books for my own pleasure too. If people buy them then fine. If not then I don't really care. The fun was in writing them. Income is just icing on top of the cake.

Clueless Wanderer
Clueless Wanderer Senior Member • Posts: 1,243
Re: Using Photo for Promotional Purposes - Legal Question

Making money:

Run a photography competition, 1st prize a $2,000 camera. Get 1000+ entrants remove their rights and sell the images in every direction - self promotion, stock, sell prints, marketing etc, etc..

Make an average of $10 per image (some will sell for way more, a lot will be trash). Now you got $10,000 dollars. $2,000 dollars for the prize, $2,000 for organizing/staging the competition (im high siding this figure). You walk away with $6,000 profit. And that's just averaging $10 an image.

Get what you can for them and you make a tidy sum. Run a few of these competitions a year and you got a fat income..
Sorry.. But thats how I see competitions.. Somebody say 'SHARK!'?

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OP bucky007 New Member • Posts: 5
Re: Using Photo for Promotional Purposes - Legal Question

Issue has been resolved.  I sent an email to the organization, they acknowledged their error and have shut down the pay site.  I believe it was simply an error in judgement/ignorance regarding the usage rights they were granted under the contest rules.  Thanks everyone for your responses!

hovirag New Member • Posts: 19
Re: Using Photo for Promotional Purposes - Legal Question

To make sure you can ask them  I agree with this answer!

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