Photo Contest Rules...
Leather A-2 flight jacket that belongs to WWII B-24 lead pilot Dale Dyer. Number 61 in a series.
This morning I came across the rules for the yearly Aviation Week Photo Contest. While this may appear as an opportunity to become known to a photographer new to the field, it is in fact a way for Aviation Week and Penton Publishing to stock their digital library with free pictures. If they have an image in their digital library which cost them nothing to produce, how can one reasonably believe that they'll be knocking on your door to pay for an image later on?
I'm here to tell you they won't, and furthermore, having your name potentially listed in the magazine won't result in a flood of new business either. It just doesn't happen. There are no "lucky breaks" in this business...just the promise of a lot of hard work, much like any other business. What photographers don't seem to realize is that it is a business, and should be treated as such. Giving away your product is a surefire way to depress the market for that product, and to cheapen it's value to those who might be inclined to pay.
To my mind, it's ludicrous to offer $2200 in total cash prizes for the chance to appear in their magazine. Many mainstream magazines pay that (and more) for a single cover image, so to think that $500 to the "Grand Prize Winner" is a good deal, think again. Besides, with the $5 fee for every image entered, they stand a good chance of making their money back, if not having a surplus at the end of the day.
Having seen these Rules in other competitions leads me to believe that the attorney who wrote these also went to the same seminar that a lot of other attorneys went to during their annual retreat. Same old rules, same old results. Protect the company at all costs, and fairness be damned. Grab as much as possible, for as little as possible. The sad part is that photographers over and over flock to enter these "competitions," with little regard to the consequences to the business environment.
Some may think that I sound bitter about all this. Nothing could be further from the truth. It's just an observation from someone who has seen it before, and continues to be disappointed that photographers don't seem to learn from their mistakes. If you are a photographer, I'd implore you to educate yourself as to the marketplace you have entered. Talk to your fellow professionals (who have hard-earned scars to prove their chops), and ask questions. Join a professional organization, such as the American Society of Media Photographers. Don't take for face value that the contract language you see presented to you every day is fair to both parties. It isn't. At the end of the day, if you still feel that it's a "good deal" to enter, then by all means go for it. It is after all a Free Country...with the emphasis on Free.
Below are the Terms and Conditions of the 2017 Aviation Week Photo Contest, taken verbatim from their website. My comments follow the paragraphs that I have problems with. Some are nit-picky, but the big one for me is the blatant copyright grab. Until enough photographers say "No!" it will continue to be so...
Photo Contest Terms, Conditions and Rules
An independent panel of judges will select winning photos that will appear on AviationWeek.com and in the Annual Photography Issue of Aviation Week & Space Technology. All selected photos will be:
1) Labeled as falling within one of four aerospace categories -- Civil, Defense, Space, and General Aviation (includes hobby, sport, warbirds, air show, technical subjects) .
2) Printed with the photographer's name (photo credit).
3) Exposed to the global aerospace industry.
'Best of the Best' Competition
Four First-Place winners plus two Runners-Up in each of the Civil, Defense, Space and General Aviation categories will be selected for a total of 15 prize winners. In addition, a Grand Prize winner will be chosen.
'BEST OF THE BEST' CONTEST PRIZES
Grand Prize (1 winner)
1) $500 award;
2) Winning photo featured in the magazine with photographer's portrait and biography and possible inclusion on the front cover;
3) 100 copies of Photo Contest issue;
4) Recognition on AviationWeek.com
First Place (4 winners; one in each of 4 categories)
1) $250 award;
2) Winning photo featured in the magazine with photographer's portrait and short biography;
3) Recognition on AviationWeek.com
Second Place (4 winners; one in each of 4 categories)
1) $100 award;
2) Winning photo featured in the magazine with photographer's portrait and short biography;
3) Recognition on AviationWeek.com
Third Place (4 winners; one in each of 4 categories)
1) $75 award;
2) Winning photo featured in the magazine with photographer's portrait and short biography;
3) Recognition on AviationWeek.com
PHOTO CONTEST RULES
The contest is open to any photographer, amateur or professional who is at least 18 years of age. Employees of Informa, Penton and their family members are not eligible. Informa shall have the right to publish any photo submitted for the contest in any print, online, digital or electronic publication by Aviation Week or other divisions of Informa in all media, including without limitation the AviationWeek.com website, apps for smart phones or tablet computers, or other electronic media.
This is a pretty sweet deal for Aviation Week and it’s publisher. Free pictures to fill their photo library, all without paying a cent...
Categories: Submissions must be entered within one of the following categories: Civil, Defense, Space and General Aviation. Photos of any aviation/aerospace or airline subject, actual objects, events or people are acceptable. Photographs of paintings are not acceptable. Electronically retouched or altered digital images are not acceptable. No slides, transparencies or prints will be accepted. Contest administrators may move an image to another category if they believe the photographer has designated an image incorrectly.
Curious as to why “electronically retouched or altered images” are not acceptable. Virtually every image these days is altered and/or retouched. Perhaps they can explain...
Photos: Only photography shot after Oct. 1, 2016, may be submitted. Photos must be submitted in JPG format and be suitable for magazine-quality printing at high resolution. JPG submissions and captions must be uploaded to the Aviation Week Photo Contest website ataviationweek.com/enter-photo-contest. Each image submitted must have a caption that provides a full description of the subject or event, including the city, state/province and country where it was shot. It is permissible for photographs to have been previously published as long as they are accompanied by signed statements confirming that no copyrights will be infringed by use of the photos by Aviation Week. Statements should be mailed to: Aviation Week Photo Contest Administrator, 1166 Avenue of the Americas, New York. N.Y. 10036, USA. Photographers whose images are selected to be published in the Aviation Week & Space Technology Annual Photo Issue must provide a signed statement from any persons whose names or likenesses appear in those images, releasing Aviation Week and its parent and affiliates from any liability in connection with the use of those persons' names and likenesses for the purposes of news and information as well as advertising, publicity or promotional materials. Images may not be manipulated beyond the minimum brightness and contrast; no increase in saturation, retouching, or collaging of images will be allowed.
This paragraph is reasonable, right up to the point where they want permission to use the images for advertising, publicity, and promo materials. Normally, models are paid a fee to appear in advertisements, and it’s good policy to do the same with amateurs, even if it’s a token amount. Again, I’m puzzled as to why an image can’t be retouched or the saturation increased, especially when this is now common.
Entrance Fees and Entry Submissions: $5.00 (U.S.) per entry with a maximum of 25 per entry. Payment will be by credit card via PayPal. Fill out the entry form, upload your photos and pay at aviationweek.com/enter-photo-contest. Photography will not be returned after the issue is published. All entries become the sole property of Aviation Week. Notwithstanding the foregoing, by entering the contest the entrant agrees to release Penton from any and all liability in the event that any entry is lost or damaged. Aviation Week and Penton shall have no responsibility or liability in the event any contest entries or image files are lost or destroyed. By entering, entrant agrees to abide by these rules.
This is an outright copyright grab, plain and simple. No obfuscation or mincing words here. Why any photographer would do this without compensation is a puzzle. It’s just bad business. It also means that the image creator no longer has the economic right to license the image(s) or to even use them for portfolio purposes, without permission from Aviation Week. It’s tough to compete against yourself.
5) Deadline: Entries must be uploaded to the website by midnight Eastern U.S. time on Oct. 16, 2016. The photo contest administrator may decide to extend the deadline. Each winner will be asked to send Aviation Week a short biography, a color photograph of himself/herself and details of the winning photo. Each winner will be required to sign and return within 15 days of receipt an affidavit of eligibility and release. Publication of images of photographers will be contingent upon receipt by Aviation Week of a photographer's affidavit of eligibility and release. Such a release shall authorize Penton to use the photographer's name, likeness, biographical information and/or photograph for the purposes of news and information as well as advertising, publicity and promotional materials.
6) Judging: Photos will be judged by a panel of top professionals in aerospace and photography. Photographers' names will not be provided to the judges, but descriptions of the photos that accompany entries will be made available. Winning photographs will be selected purely on the basis of skill, as opposed to chance. Judges have the option not to select a winner in any particular category. The decisions of the judges are final.
7) By entering the contest, the photographer represents and warrants that he or she has the power and authority to submit the photographs entered and to grant the rights herein and that all photographs submitted shall not infringe any copyright, trademark, trade secret or invade or violate any right of privacy, infringe any other proprietary right or contain anything libelous and obscene. Prizes are not substitutable for any other item by winners and may not be transferred or assigned. Aviation Week reserves the right to substitute a comparable prize of like or greater value for any prize, for any reason.
8) Contest entrant photographers whose images are published in the photo contest issue agree to have those images considered for syndication. Other images from contest entries may be eligible for syndication.
Syndication is not defined here, and could mean many things. My experience tells me that they wish to re-license the images in the form of reprints, which a photographer should be compensated for. Again, bad business.
9) Privacy Notice. Winners who are U.S. residents will be required to give Penton their Social Security numbers, legal name, age, current address and phone number. Social Security numbers will be used for tax record-keeping purposes only.
10) Void where prohibited or restricted by law. Winners are responsible for all taxes on prizes. All federal, state and local rules and regulations apply.
