Photo Contest - ASMI Replies

Photo Contest Reply: Tyson Fick replied to my letter with understanding and a goodly amount of reasonableness, all things considered. Good for him:

Hi Mr. Dixon,

Thank you for your email... I’m... sorry to hear of your disappointment with the contest rules. I want to assure you that I am not trying to scam anyone or be deceitful. Nor is it my intention to disallow someone from selling marketable photos that might be entered in the contest. We are no strangers to paying for photography services and every year we spend a lot of money on photography and photo usage rights with a number of professional photographers. We will continue to spend a lot of money on photography and video going forward with or without a photo contest. But, you rightly pointed out that this is more of an amateur photo contest and we don’t expect many if any professional photographers will enter. And it is true that we are looking for a way of expanding the library of usable images while engaging with people around Alaska. We have run contests like this in the past and this language was suggested by our copyright attorney.

I’ve been directed by my board to get unlimited usage rights on newly purchased photos since the patchwork of usage agreements and promotion partners had gotten pretty unmanageable. Maybe we can do a better job on the contest rules language so that ASMI can use and share the photos without further permission or expense while the photographer retains copyright and the ability to sell images elsewhere and would be happy for a suggestion while we take look at amending the language.

I’m happy to talk about it any time. If you want to call, my number is below.

Best fishes,

Tyson Fick

Communications Director

Alaska Seafood Marketing Institute

and my reply in turn:

I appreciate your prompt and thoughtful reply. I'm glad you understand the issue, and I appreciate that you continue as an organization to purchase photos. I think your suggestion of improving the contest language so photographers don't give up all their rights to the images is the right direction to head. Crediting the usage back to the photographer is always a good policy as well. At least that way something is given back to those who are providing you with images that would encourage their interest in the craft (who doesn't like to see their name in print?), and doesn't divest them of ownership of their own images. That way the entrant can be part of the solution instead of a victim. It's a more palatable agreement, at least in my mind. I hope your lawyers agree.

Best,

Patrick Dixon

Hopefully ASMI will change its language on the rules (and its policies) to be more favorable to photographers in the future. At least we got them thinking about it...

Read the Rules: Photo Contests

The Alaska Seafood Marketing Institute is a large association with relatively deep pockets. As an ex-commercial fisherman, I support what they do to get the fish prices up and to get people to buy fish (always an issue in Burgermerica). But as a professional photographer, I had to object to their policy on copyright for images submitted to their latest photo contest: 

"If you submit an image to the contest, ASMI reserves the right to free reproduction of entered images in all media and the right to provide all entered images to promotional partners around the world. The copyright for all entries will be retained by ASMI. ASMI reserves the right send emails promoting the contest."

So I looked up their Communications Director, a Mr. Tyson Fick, and sent him this letter:

Hello Mr. Fick:

I am a professional photographer and an ex-commercial fisherman (Cook Inlet gillnetter for over 20 years). These days I make a good portion of my living taking and selling photos of the commercial fishing and marine industry. I was excited when I first saw your Photo Contest advertised on Facebook by a friend, and immediately went to the web page and started looking it over, only to be disappointed in your policy of wanting to take all photo copyrights for every submission! I admit that most of your entrants will be amateur photographers who have no intention of selling their work. I would also agree that winning a grand prize worth $500 is a fair enough price for those some of those rights. Allowing you to publish a winner as often as you'd like - as long as I get to sell the image as well - that even seems acceptable to me (but probably would not be acceptable to all pros). But ALL rights to ALL photographs submitted? That is a scam to get as many images for your publication as possible - for free - from an unsuspecting public. I grant you that publishing your conditions in the Rules section is actually a very good thing. And as a former commercial fisherman, I support your efforts in the fish marketing business. But as a professional photographer I have to ask, "Can't you do better than this?" If you want good images to use, at least pay a fair price for them. Even to the amateurs. Or at the very least, don't ask for all rights. that's just greedy - and it's greed at the expense of the very people you serve.

Any chance you'll change your rules on this matter?

I look forward to your reply.

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It might seem like a trivial thing to many amateur photographers, and advertising is worth something for sure, but I subscribe to the belief that you shouldn't give your work away for free. And businesses, non-profits, and institutes shouldn't ask you to. You have invested in your photographs, even if that little image on your monitor doesn't seem like much, it is worth the price of your camera and lens and tripod you used to take it. It is worth all the hours your spent learning how to use it. It is worth all the gallons of gas it took to get to where you were when you took it. And it is worth all the time you spent downloading it, selecting it, editing it and submitting it. 

Still want to give it away? If you do, make sure it's for the right reason. Certainly not to "get more work." That technique doesn't work. Make sure you give your images to organizations you want to help, believe in, and support. The rest of them can offer you a fair price, just like everyone else. 

We'll see what Mr. Fick has to say. I'll post his reply, if I get one. Meanwhile, steer clear of contests like these. They aren't worth it.