Am I Overreacting

[asnow]

Where I work they are having a photo contest (just for the employees) to make money for the United Way.

The rules and regulations have;

"You must agree to assign your proprietary (ownership) rights of the photograph to (my employer). This is the Photography Release Waver checkbox on the Photo Contest Registration Form."

I have refused to submit an entry because of this rule and am being criticized by my fellow employees because the money goes to a good cause. Am I overreacting.

I found out the reason through the grapevine why legal insisted on this. Apparently senior management figures if there are some good photos they may use them in the Official Plan Publication. This was not conveyed to us and I'm not sure it makes any difference anyway

[Realist]

I've always heard that photo contests run this way a lot. They get swarms of free pictures of professional quality, because it's a competition, then the winner gets a tiny reward. If I participated I would probably submit something I wouldn't miss too much. I wouldn't submit a masterpiece. An idea would be to take a photo twice, you turn over one, and the other you keep the copyright for even though they look identical, because they were shot a fraction of a second from one another.

[Paul72]

This is a interesting topic and I agree with realist.I know this is charitable event and by all means if its a worthy cause take part.But I can't help thinking that sometimes it feels like when your a creative type of person people expect your artwork/time etc for free.Imagine going to the dentist or lawyer and asking there time and services for free.

[Marko]

This seems like it may have the potential to get 'sticky' for you due to this stupid/unfair rule and the way you feel about it.
You are doing something generous for charity, and they are using this generosity against your interests. Not cool is how I see this.

"You must agree to assign your proprietary (ownership) rights of the photograph to (my employer). This is the Photography Release Waver checkbox on the Photo Contest Registration Form."

Was this the only phrase relating to this?
Were there no additional clauses or phrases? (limiting the use of the photos)

If there are none, then then the images no longer belong to you.

True enough many of us are forced to give up our souls to our bosses, but our art?

[asnow]

Thanks Realist, Paul72, Marko for responding. Marko, they definitely mean what they say. Here is a part of the Copyright section in the long legalese document.

Entrant agrees that all copyright in his/her completed entry form and in any material depicting the entrant's likeness or other information about the entrant shall be vested in the Contest Sponsor and entrant irrevocably assigns all of his/her worldwide intellectual propriety rights in and to such entry form and materials to the Contest Sponsor and waves all moral rights therein.

By providing the Work to the Contest Sponsor in connection with the Contest, each entrant agrees to assign all proprietary rights therein to the Contest Sponsor and waive all moral rights related to the Works. The entrant agrees that it may not copy, use, modify, reproduce, display, adapt and transmit the Work for use in all median now known or hereafter devised unless the prior written consent of (the employer) is obtained. The entrant hereby conforms that the Work is an original work solely created by the entrant and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. The Contest Sponsor assumes no responsibility of infringement of rights to copyright, privacy, and/or personality, and all such liability shall remain with the entrant. The Contest Sponsor reserves the right to exclude any Work on the basis of concerns relating to the rights of third parties, including but limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by the Contest Sponsor in its sole discretion.

I asked a few people at my camera club and every one of them said if it was them they wouldn't put in an entry with these rules. One of them said that it could have been written to cover themselves without being so over the top. I've got till Thursday to decide as Marko said " to give up my soul AND my art"

[Iguanasan]

Here's an idea: compromise Don't give them one of your best shots but instead give them an "also ran". Something good enough for the office contest but not something you'd expect to become famous for. That way you can contribute to charity and at the same time you're not giving up your rights to a precious photograph. Surely you don't wanna die over the copyright rights to *every* shot you take...

[QuietOne]

I saw this earlier, but didn't have time to sign in and comment. My thoughts are similar to Marko's - it feels slimy. What did the management do, say, "I know! Let's get some free stock photos by holding a contest and reminding employees it's all for a good cause!"? If they wanted to be able to use the shots for promoting the contest the next year, or for a press release about their efforts to fund raise, all they'd need is a license of some kind. If it was a "use forever for limited purposes" I'd bet you and others would have no problem with it. Unlike the others here, I wouldn't even give an "also ran". I'd see if I could sell it, donate it to another fund raiser as an art piece, or otherwise find a way to support United Way that didn't involve giving away something that the company should budget for.

End of rant. I will admit to being tired and therefore cranky tonight.

[Andrew]

I'd personally keep the photo because if I can't represent my best why bother. Anything less, I just wouldn't feel right. To appease your opinionated fellow employees, donate the price of a print, say $20, to the cause. Perhaps they are confusing your personal value of a good photograph that took some effort with snapshots from their cellphones?

[Bambi]

I agree with Marko. If it were me I would not enter one of my photos but make a donation to the United Way.

[asnow]

Thanks everyone for your comments. I've decided to compromise and enter a couple of pictures. These are not masterpieces by themselves but fit the themes exactly so they would have a higher value when associated with the Official Plan (i.e. I think that Senior Management would really like them). Thus I think they would get graded higher than normal. Also they can be easily reproduced in a way that I sure I can retake the pictures with enough differences and improvements that I can make them closer to a so-called masterpiece to stand on their own.