[URL="http://dpnow.com/7284.html"]Last week[/URL] we responded to reader feedback that Lowepro, the well known and respected manufacturer of photography bags, among other things, was imposing very restrictive rules on all entrants to its 'My Favorite Things' photography competition.
The [URL="http://www.lowepro.com/my-favorite-things-photo-contest-terms-and-conditions"]rules[/URL] appeared to claim the rights and usage of all entrants' photos without any compensation to the entrant. Clearly, this might put off a lot of photographers, but who reads the small print anyway?
In response to our query for clarification Lowepro modified its competition rules to emphasise that entrants retained ownership and copyright. This seemed like a moral victory until we read the rules again.
On the one hand the rules do sound comforting in part:
[I]"By submitting an Entry, each entrant agrees that they will retain all copyright(s) and ownership and such copyright(s) and will be acknowledged in each reference, if image is used.[/I]"
Unfortunately, the next sentence goes:
[I]"Sponsors shall have a non-exclusive, fully-paid up and royalty-free license to the Entry submitted (including all rights embodied therein) and that they and their respective designees (Outdoor Photographer, OutdoorPhotographer.com, Lowepro.com and PolarBearsInternational.org) may edit, and/or modify, including, without limitation, the names and likenesses of any persons or locations embodied therein without compensation, permission or notification to entrant or any third party."[/I]
Once again it looks like Lowepro and its partners want carte blanche rights to all entrants photos.
Bizarrely, the very next sentence tries to be reassuring again:
[I]"Said entries will only be used in conjunction with this contest and will not be used in any other advertising without the express written permission from entrant."[/I]
But elsewhere in the near 4,000 words text of the rules we read:
[I]"Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsors in each instance."[/I]
Remember, this is for all entrants, not just the winner and runners up.
And another paragraph that really grated went like this:
[I]"By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsors, which they may withhold in their sole discretion."[/I]
So you have to keep your entry a secret. Why?
We have contacted Lowepro again and they have asked for us to quote the sections of the rules that we are unhappy about and this blog update is designed to do that.
We aren't just tackling the Lowepro competition rules, because in fairness many competitions impose similarly draconian restrictions and claims on entrants' work.
But we don't believe this is fair or right. Sure, it's only fair for winners' work to be used for publicity purposes, for a limited period, in relation to the competition. But it simply makes no moral sense that ALL entries should be bound by the same heavy-handed restrictions and claims.
We'll show Lowepro the contents of this blog update and ask for a response. Watch this space!