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tmlphoto
Apr-29-2005, 05:06 PM
I recently entered one of my photographs in a local juried competition. One of the event sponsors (a local print shop) selected my picture to be included in their 2006 calendar. It is my understanding that they print up a bunch of these calendars and give them away as a promotional item for their business. They have asked for permission to take the picture down to their shop in order to reproduce it, but they haven't asked for permission to use the photograph in the calendar. No money if being offered, but it is supposed to be a prestigious thing around here to have your work included in the calendar. After reading some of the post around here I feel a little uneasy about just letting them use the photo for nothing. They do have the artist name included in the calendar & I am doing this really as a hobby. Should I just let them have at it and not worry about it?

dragon300zx
Apr-29-2005, 05:19 PM
My take on it is this. If they are selling them for profit, expect profit for yourself. If they are strictly giving them away as a promotional item and not making a dime off them, I would personally want the promotion myself so that it could help generate some revenue for me hobby or not, cash is cash and whatever gets me more of it is great. If they don't make a dime I would let them use it but I would want full credits, retain copywrite (get this all in writing), and want my contact information to go with my name so people could get in touch with me.

Shay Stephens
Apr-29-2005, 06:53 PM
That sounds reasonable. Give them one time non-exclusive usage for reproducing the photo in this calendar. No reprint or other usage is permitted without written authorization.

I like to make my credit line all inclusive, yet still small enough to make it in. My example:

© 2005 Shay Stephens / shaystephens.com

That way all pertinent info is passed along, and I can still be contacted, and it's not so long that the publisher refuses to include it.

My take on it is this. If they are selling them for profit, expect profit for yourself. If they are strictly giving them away as a promotional item and not making a dime off them, I would personally want the promotion myself so that it could help generate some revenue for me hobby or not, cash is cash and whatever gets me more of it is great. If they don't make a dime I would let them use it but I would want full credits, retain copywrite (get this all in writing), and want my contact information to go with my name so people could get in touch with me.

Sam
Apr-29-2005, 08:01 PM
I think this one is easy. Looks like the local print shop is getting quality photos produced by local photogs at no cost to help promote their printing business. These are free promotional calendars and there is a local custom / culture that getting your photo chosen, and receiving credit is a great honor. Seems like most view this as a win / win.



It would appear you have a choice. If you demand payment, they will call the next person on the list and use their photo. If you’re happy with the prestige and credit, then go with Shay’s suggestion, and claim your bragging rights.



Sam



Ps: I’ll be happy to send them one of mine. :D

ian408
Apr-29-2005, 08:08 PM
When you entered the competition, did you sign a waiver? If so, what'd it
say about this type of usage?

Ian

tmlphoto
Apr-30-2005, 05:37 AM
When you entered the competition, did you sign a waiver? If so, what'd it
say about this type of usage?

Ian
Thanks for the suggestions everyone. There was no waiver signed about this when I entered the contest. I'm fine with the setup, but I just wondered what others would think. I think the are a little assuming by not asking for a release in order to use the picture. I agree with Sam that its probably win / win for all of us.

bfjr
Apr-30-2005, 06:31 AM
Thanks for the suggestions everyone. There was no waiver signed about this when I entered the contest. I'm fine with the setup, but I just wondered what others would think. I think the are a little assuming by not asking for a release in order to use the picture. I agree with Sam that its probably win / win for all of us. Dbl chk that :huh.
Most contest have fine print that stipulates usage, irregardless if you signed anything or not. :wow
Your submission is the aknowlgement of the agreement: In other words you agreed to whatever rules and regs were in place by simply submiting your image!! I could be wrong so chk further if you wish :dunno

On all other points It is a win/win sit. and Shay's suggestions are 100% correct.
Congrats :thumb

GREAPER
Apr-30-2005, 07:21 AM
Thanks for the suggestions everyone. There was no waiver signed about this when I entered the contest. I'm fine with the setup, but I just wondered what others would think. I think the are a little assuming by not asking for a release in order to use the picture. I agree with Sam that its probably win / win for all of us.

In one of the annual contests I help produce, one of the "prizes" is publication in a calendar produced by a local suburban newspaper. This is listed as one of the prizes on the flyer that includes the entry from. The flyer also says that by entering the contest, you agree to the rules of the contest etc. We are of the opinion, that by entering the contest, you are agreeing to have your image in this calendar if it is selected.