Tourfolio

National Geographic will soon be announcing their 2009 International Photography Contest winners which got me into thinking about the ethics behind such travel photography contests. Now don’t get me wrong – I’m all for individuals submitting photographs and travel writing to media outlets in hopes of being selected – but is it fair for a company to grab your licensing rights even if you don’t win?

Flickr.com (meaduva)

I know one of the main reasons that an aspiring travel photographer submits their photographs is so that they can gain some reputation and clout within the industry. For example, while Steve McCurry did not submit his iconic “Afghan Girl” photograph into a contest – he quickly gained incredible fame once his photograph graced the cover of National Geographic. Amateur travel photographers can only hope to rise to a level close to Steve McCurry and sometimes the only avenues are through photograph contests, someone stumbling on an online portfolio or local galleries. It sometimes seems that you might have a better chance of winning the lottery and being struck by lightning on the same day before winning one of these contests. So is it fair that a well known media outlet should hold a contest to award a small prize but also collect the license to hundreds – if not thousands of breathtaking photographs?

The rules of the National Geographic’s 2009 International Photography Contest required an entry fee of $12.00 USD per photograph (a maximum of six photos per entrant) for photographs received before the deadline and $22.00 USD after the deadline. Assuming that at least 100,000 photographs (which is a gross understatement) are submitted prior to the deadline, we can estimate that they would have a profit of $1,200,000 USD. They are a business so I’m okay with them charging an entry fee to at least cover processing fees, judging, and increased server capacity to cover their website (http://www.ngphotocontest.com).

I can easily admit that I’m terrible when it comes to fine legal print but what mentally sane person consistently reviews terms and conditions when entering contests? We just want to win! I decided to take a look at the National Geographic’s International Photograph Contest rules and noted the following excerpt;

By entering the Contest, all entrants grant an irrevocable perpetual, nonexclusive license to Authorized Parties, to reproduce, distribute, display, and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; publication in National Geographic magazine or online highlighting entries or winners of the Contest…Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion.

In addition, a release statement is required by the submitting photographer that states;

With respect to the attached photograph (hereinafter the “photograph”), I hereby represent that I am the copyright owner of the artwork that appears in the photograph. I hereby grant to the National Geographic Society (hereinafter the “Society”), its affiliates and licensees, and to the photographer of the photograph, the following worldwide, irrevocable rights:
(1) to copyright the photograph in the name of the Society or in the name of the photographer; and
(2) to use and re-use, publish and re-publish the photograph, in whole or in part, individually or in conjunction with printed matter, or in composite form, and in any medium, for editorial, commercial, promotional, and/or trade purposes. I hereby waive any right to inspect or approve any copy that is used in connection with the photograph and release and discharge the Society, its affiliates and licensees, and the photographer from any and all claims arising out of use by the Society, its affiliates and licensees, of the photograph for the purposes described above, including any claims for libel, invasion of privacy or breach of copyright.

The statements above – after removing the cryptic legal talk – basically states that any photograph that you submit can be used by National Geographic whenever they the magazine editors feel like it. Why some might be happy just to have a photograph placed anywhere in the magazine just remember that you had to pay for that photograph to be entered, you will never see any profit from it and National Geographic now owns the copyright to the photograph.

Do you think companies such as National Geographic are really trying to help travel photographers or is this just a disgusting method of grabbing licenses and copyrights? I’d like to hear the thoughts of people who’ve either entered this contest, entered similar contests or travel photographers who pursue different avenues to gain recognition in the industry. So please share your thoughts!