Competitions Guy Little
to enter or not to enter, that is the
QUESTION

There seem to be a multitude of competitions out there all promising big prizes or the chance to be published in books and calendar's. But have you ever stopped to really read the fine print regarding copyright or conditions?

What's in it for me?

If you are a young photographer or just starting out, the lure of possible fame and glory is great. But will clients really beat a path to your door when they see your picture promoting anything from a holiday destination or trendy drinks? Perhaps they will. Perhaps not. They may think of you every time they post a letter if only you can get your picture on a postage stamp. There is no doubt that competitions have been instrumental in getting some photographic careers kick-started. Some competition organisers see their competition as a way of sponsoring young talent and this is to be congratulated. Even if you don't win, the effort you put into entering can result in some good new work for the folio. But be warned, danger may be lurking in the fine print..more on that later.

What's the real cost?

Have you ever sat down and added up what it costs you to enter a competition. Don't be fooled by the brightly coloured "FREE" that appears on the entry form. Sit down and add up what preparing the entry may cost. Time, film, equipment or studio hire, props, scans, prints.it's a long list. Sometimes the effort and expense put into attempting to win that new Nikon prize, could have serviced a lease on several Nikon's for months!

And that is not even the real cost. Remember the fine print. Any little clause about transferring all rights to the organisers of the competition, is a wolf in sheep's clothing. New photographers often doubt the validity and worth of their own work and it doesn't seem much to sign the picture away. Don't do it! This is just the thin edge of the wedge.

What's the big picture?

Consider the big picture. The effect this has on the photographic industry. Many competitions demonstrate a blatant lack of respect to photographer's rights and copyright. Many adopting the attitude "who cares, its just a photo why get so worked up about it". They obviously don't earn their livelihood from images, perhaps if you were to take bread from their mouths, their attitude may be quite different. Retaining copyright is your superannuation. Many companies use competitions as a cheap way of getting commercial photography. This is a trend that cannot be encouraged by our industry. A recent point is the Bundaberg Rum competition. This competition required entrants to sign over the copyright to the organizers so they can do what ever they like with the images- possibly even reselling them. On top of this, you don't even receive any remuneration. I believe respect is also an issue here, one of artistic integrity. I have written to Bundaberg Rum outlining these concerns and have as yet had no reply.

On the other hand, the recent M.I.L.K. competition was very well run. An international competition of an enormous scale, it had a lot going for it. Copyright remained with the photographer. A prize pool of over US$700.000. Images selected for publication were licensed and paid royalties over a 10 year period and the whole thing was judged by Elliot Erwitt, a photographer of legendry status. Not too bad huh?

Read the fine print!

One reason why this practice continues is that photographers don't organise themselves and stand up for their rights. I strongly recommend photographers consider carefully all the conditions and read the fine print before entering any competition. Some companies openly invite the ACMP and AIPP to become involved and look to us for guidance in structuring their competition terms and conditions. Others see this as interference and do not welcome the input. Many companies are simply unaware of photographers concerns and so I believe it's an education process. By questioning and stating our position, things slowly change. In the end every decision is a personal one, and you will have to weigh up whether entering is in your best interests or the industries. But, once again awareness is the key.

AN ACMP LETTER TO
THE ORGANISERS OF THE BUNDABERG RUM COMPETITION:

Firstly I would like to congratulate Bundaberg Rum on wanting to help promote photography in this country. There should be definitely more of these efforts. However, I have a number of concerns.

I am writing to inform you of the ACMP's position regarding copyright after sighting your latest competition.

Under clause 11 on your entry form Bundaberg Rum retains the right to all photographs and is able to re sell photographers' work indefinitely with no consideration given to the photographer, which is in direct contravention of the copyright law. Is Bundaberg Rum aware of this?

After years of lobbying by the Australian Society of Commercial and Magazine Photographers (ACMP) and the Australian Institute of Professional Photography (AIPP), the law relating to the Copyright of Photographs was changed in July 1998. It is effective to all photographs taken after 1st August 1998.

The Federal government recognized that professional photographers in Australia were disadvantaged in the marketplace. This change merely brings them into line with the majority of International Photographers and other Australian creative professionals.

Worldwide photographers are using contracts, work agreements or terms of trade to establish copyright and usage of images of both territory and time. They are similar to agreements already used in many industries and professions.

The Copyright Council has published an information sheet (I11) on "Photographers and Copyright", that answers most common questions.

At present the ACMP cannot support or recommend to its members any competition, which contravenes the recent Federal law on copyright.

The ACMP and I are more than happy to assist in working together in formulating competitions agreeable to all parties. The ACMP has worked on a number of competitions with this outcome in mind, Yellowglen being a recent successful example.

Yours sincerely

Guy Little
ACMP Federal Board

If you would like to have a chat to Guy about any matters he would love to hear from you. He can be contacted by phone on 03 9419 4341 or via
e-mail: guylittlephotog@bigpond.com.au

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