Pressure on Lowepro to change competition rules won't abate

[DPNow]

Here is a summary or excerpt from an article that has just been published on DPNow:

Mixed messages from Lowepro, the well known and respected manufacturer of camera bags, concerning the rules for its 'My Favorite Things' photography competition continue to attract criticism. Lowepro have asked us to publish a statement that they feel should clarify things, but we aren't so sure. So what do you think?

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[John H. Maw]

Re: Pressure on Lowepro to change competition rules won't abate

Hi Ian.

I take it that this is at least one of the parts that Lowepro don't want us to read "line by line".

"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."

Also worrying is the passage that gives Lowepro the right to alter the images. This is particularly worrying in relation to legislation on defamation. Although I see no reason why Lowepro would perform such changes their rules leave the photographer open to charges if they were to do so.

By chance I received notification of the Canon Professional Network "Editor's Choice 2" competition. I thought it would be interesting to see what they had in their T & Cs. The contrast is breathtaking. In essence, Canon gives each entrant the right to withdraw any and all use at any time and only gives itself very limited use of winning images. Section "3. Licenses" is particularly relevant.

http://cpn.canon-europe.com/files/yo...onditions.html

[Ian]

Re: Pressure on Lowepro to change competition rules won't abate

I agree, I can't see Lowepro abusing their entrants by using the powers that the rules would appear to offer them, so why word the rules in such a poor and pointless way. All it does is raise the hackles of potential customers for their products.

And as I pointed out in the news piece, Lowepro aren't the only ones that allow unnecessary legalese to be used in their competition rules, as I expect we will find when others here highlight other competitions.

Ian

[John H. Maw]

Re: Pressure on Lowepro to change competition rules won't abate

I think that the important issue here is to try to apply pressure whenever rules like this appear so that T & Cs like this don't become standard. Luckily the case of the Canon CPN rules might suggest that this is not the case yet, although the practice has already become commonplace. Your point seems to be that if they are not trying for a rights grab why have conditions that suggest that they are.

The lesson from all this is to read the rules, or as Tom Waits put it, "The big print giveth and the small print taketh away" (Step Right Up from the album Small Change - 1976).

[Shenstone]

Re: Pressure on Lowepro to change competition rules won't abate

Having just read all of the items in detail I can only agree Lowe Pro are completely out of line with many of the statements in these competition rules

I can't belive that they would even think up a phrase like

(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

Imagine your nice picture photoshoped to within an inch of it's existance and then published with your name next to it. The three photographic related organizations involved should be ashamed of themselves

Regards
Andy

[Shenstone]

Re: Pressure on Lowepro to change competition rules won't abate

I decided to register an opinion directly

Their response

Thank you for your email concerning the recent competition being run by our team in the US ( though open to Worldwide entrants ). Please let me assure you that we are not a large corporation looking to take advantage of any photographers. We are in fact the complete opposite, with many staff being passionate ex-pro photographers or indeed currently shooting every day. Certainly in the UK we are the biggest supporter of photography in the marketplace ( we do more events, sponsor more photographers, support more local clubs and competitions and provide more kit to charities than any one else ).

As I am sure you are aware in running any competition ( particularly in the US ) we have to protect ourselves as a company. This means that the terms which we are running with have had to go through the legal department. This unfortunately means that the original message can sometimes be lost.

These terms are in essence no different to every major photo competition you will find, it is just the wording is a little 'too legal'. I will of course feedback you comments to the legal team and see if we can get a re-wording, but essentially you can be sure that the winning entrants will be treated with the utmost respect and will benefit from not only the prize pool, but worldwide exposure of their pictures.

Their definitition of "little 'too legal'" and mine are a bit far apart

Regards
Andy
Regards
Andy

[Danny Chau]

Re: Pressure on Lowepro to change competition rules won't abate

This is all done in the name of greed and capitalism, thank god not everyone behaves this way. The simplest is not to enter their competition or to buy any of their products, I was a Lowepro product user but after reading this I choose to vote them out with my pocket.