Photographer's Rights & Contests

Every time I look over the rules for entering into a photography contest I look for certain phrasing because most often I find something I don't like in there and it makes me debate if it's worth sacrificing my rights for a chance to win a prize and gain some recognition.  I know, the recognition could gain popularity for my work (even though sometimes the HDR work isn't allowed even if I only use it to make the picture look more real and not make them over dramatic)

Here is a quote from a contest I'm looking at.  I have removed the name of the organization.

By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide non-exclusive 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 [censored[ or online highlighting entries or winners of the Contest. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their entries. Display or publication of any entry on an Authorized Party’s website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. 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. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.

That first line always bugs me.  Ok, I wouldn't have a problem with a picture being displayed in an exhibition to promote the contest, heck, I'd supply the print myself. Nor would I have any issue with it being displayed on their site or published in their magazine.  It's the "worldwide non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries" part of it. As you read on, they talk about publishing a book and not giving any payment to the artist for doing so.  They can create anything with your entry to 'promote' the contest, which would even include selling a calendar with your photo in it, or publishing cards or any other pieces as long as they are 'promoting their contest'

Yeah, you can say that I'm just overly cautious, but make sure you don't miss this part of their clause "Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant’s 'moral rights' in their entries." Wow, they can do whatever they want, even it it infringes on my moral rights because I consent to let them.  How is this contest moral if you have to agree to let them stomp on your own moral rights?

So, I have a few more days to decide on what to do about entering this contest. Do I stand for what I believe even if it could make it a more difficult road (or it may change nothing) or do I give in and submit a photo even if it isn't the fully processed image because it would be disqualified because it's HDR (still a great image composition wise, been told by a well renowned highly published artist that I need to submit it to contests)

My integrity in my art size options

When I first started to offer prints for people to buy I had lots of options for people to choose from for each print. It took me quite awhile to get my website to work with allowing a list of sizes to come up for each picture and being able to select which list so prints of the same proportions could be chosen. As I've been rebranding my fine art photography to Steven J. Donley I spent a bit of time thinking about what I wanted to offer, not only size wise, but also what final product do I want to offer. Do I want to offer a product that is of various sizes or something more limited?

By offering more sizes, yes, it gives people more options which could lead to additional sales because they could choose a size that someone felt fit better.  With my studio work, I do this because at that point it is a lot more about what the family, bride, individual wants because they are buying pictures of themselves or their family.  Yes, these are artistic and the photographer puts in his own vision into creating the images.  Granted, not all compositions are compatible with all sizes/proportions and at that point it is the photographer's job to help guide the client to not make that mistake.

However, when it comes to fine art photography, this really is about the photographer's vision and not a 'clients'. There isn't someone paying the photographer to take these pictures, he is doing it because it's what he loves to do.

These are also about creating art that will, hopefully, appreciate in value over time.  Too often it takes until the death of the artist for this appreciation to occur, which is sad, but there is that concept there. Along with that there is the idea that there is a perceived value to my art. What happens to that perceived value if there are 6 different sizes of a print floating around.  What happens to that perceived value if I say there is 100 prints available of an image and there are 6 different sizes of those 100 prints? How do those print appreciate in value if there is a variance to them?

All of this went through my mind and it came down to my own integrity.  I didn't feel comfortable having so many different variables to my art, plus I don't always like the prints at different sizes. Yes, I can print an 16x20 picture at 180 dpi and most people wouldn't realize it unless they looked closely.  The lower DPI allows one to make a large picture with the same size file because the pixels are farther apart.  However, I WOULD KNOW. It doesn't matter if someone else wouldn't know, I would.  The integrity of my vision for my artwork isn't worth compromising for anyone else. It is MY artwork. If someone doesn't want a print from me because they want a 11x14 and it's only available as an 8x10 print, a greeting card or a specific limited edition size, then so be it. I am fine with it because I have kept my own integrity.

-Steven

Why choose Yellowstone Park Foundation for my current program?

If you are not in the know, which I believe many people are not, I am running a program where I will donate 35% of my direct sales from my website or through my Etsy site to the Yellowstone Park Foundation to help them with their efforts to preserve and improve that wonderful park!

First, a little background as I have a policy that 20% of my sales of prints from images I took in a national park will be donated back to that park.  I cam to this decision while I was at Yellowstone National Park in Aug 2011. My time there was fantastic and it was also life changing. Douglas Adams can sum up my experience there nicely, "I may not have gone where I intended to go, but I think I ended up where I intended to be" The brief skinny on this is simple, I went there with 3 other people. Our first day at Yellowstone they informed me they were leaving due to somethings that occurred. The details aren't important, but the ending is.  Yes, was furious at first, it wasn't what my plans were, I wouldn't be able to get the shots I had planned/needed at Glacier National Park, etc.  However, as I was hiking down to the Lower Falls, expecting the others to follow as the one with me was going to get to the other two, I had that time alone to think and look at what occurred and what I was going to do and I decided to stay in Yellowstone a few more days.

During those next three days I hiked around the west side of the park.  Saw some really gorgeous water falls and raging waters.  The hot springs would just take my breath away and I realized that with all this beauty being preserved, knowing our countries economic woes, that someone needed to do something.  The park doesn't require photographers to pay them anything extra if they aren't being paid to be there and aren't interfering with other visitors experiences.  I wanted to give something back, in exchange, with the park for the work they do so I can visit and came up with the plan of donating the 20%.

YPF is the official funding partner for Yellowstone National Park.  They helped to raise the money for the new visitor center at Old Faithful.  They have been funding a tracking program for the wolves in the park since they were formed in 1996. In this program they outfit the wolves with either a radio or GPS collar to track movements and to study their habits. With all that they do, and my decision about helping our parks while in Yellowstone, I decided to try and help them during this Christmas/Holiday season. This lead to my Gift of Preservation program.