Sport Diver Photo Contest: Do they own photo upon submission?

[bvanant]

There is a very, very simple answer to this question. Don't enter, period. No one is putting a gun to your head to enter the contest. Some contests seemingly are run to get photos. If everyone ignores them, then they will have to start offering more and better prizes or reduce their ownership of your photos. As for putting a copyright notice on pictures that you submit to a photo contest, I am assuming that it will be simply not looked at. The problem is that with the advent of digital photography, the world is awash with a whole host of really wonderful pictures. Most taken by guys and girls with day jobs and most of them will continue to spend their own money to buy gear, go on trips and take pictures. Why do you take the underwater pics you take. To hang on the wall, show your friends, put up on the web or enter competitions. If it's the latter then you have my sympathy, for most of us this disease of taking UW pictures or video is to show our friends. If one of my pics (very very unlikely) showed up in a dive magazine or on a T-shirt, I would be happy enough to show my friends. No harm done to me, I think of the hobby as revenue negative. The only thing that I think would be worrisome is if the contest doesn't post the rules clearly enough or violates them after you enter.
Bill

 

[Nemrod]

The problem (according to their terms) is they can use your photo(s) wherever they choose without giving you credit. I saw some of your photos on another post - They are great, maybe you should enter!

Anything I posted on the web outside of my photo account, they and you are welcome to them.

Oh, and thank you for the compliment.

N

 

[pixelpame]

Hi guys,
Well I can finally end this query about "Sport Diver Photo Contest" for you all.
Last week I received a e-mail from Sport Diver that I had won this contest (bi-annual win for the camera) and I was very surprised. I then found this forum and was highly concerned about the "forfeit of ownership" for my image.

I contacted them and they have now assured me that I will retain ownership of my image. Yee Haw, sigh of relief. After reading the posts, I was kicking myself for acting so quickly and uploading my pixs.

I have received the camera and its really nice to be appreciated for all my hard work with some kind of tangible item. Although I have already spent thousands of $ on underwater equipment, freebies are cool!

So if I have learned anything, its to read the fine print, and if your unsure...ask!

 

[ScubaSteve]

How exactly did you word the question and exactly what was their answer? Did you ask if they have the right to maintain record of your photo for use for any purpose in the future without proper credit? My point it, they may still hold a few aces up their sleeve.

No matter what, congratulations on winning and on your freebie.....you are right BTW...freebies are awesome.

Are you able to post your winning photos for us to see? I would love to see them.

Hi guys,
Well I can finally end this query about "Sport Diver Photo Contest" for you all.
Last week I received a e-mail from Sport Diver that I had won this contest (bi-annual win for the camera) and I was very surprised. I then found this forum and was highly concerned about the "forfeit of ownership" for my image.

I contacted them and they have now assured me that I will retain ownership of my image. Yee Haw, sigh of relief. After reading the posts, I was kicking myself for acting so quickly and uploading my pixs.

I have received the camera and its really nice to be appreciated for all my hard work with some kind of tangible item. Although I have already spent thousands of $ on underwater equipment, freebies are cool!

So if I have learned anything, its to read the fine print, and if your unsure...ask!

 

[pixelpame]

Hi ScubaSteve,
I asked "Do I retain all rights and ownership of my image". Their response was
"Yes, you retain all rights to your image". The image now appears on their site in the revolving window on the left (its #1 image) and I have been given photo credit. I have also posted this image and a few more on this site. The winning photo was of a Lemon shark very close up, so close you can see the pores of its skin. Will they use it in the future without crediting me? Not sure, not a big deal to me. I have no problem with them using it. Can they make t-shirts, posters, blah, blah blah with it? No likely, its a small file I sent them, it can't be blown up much larger then 5x7 (if that) without it falling apart. So I am satisfied with this achievement, its not everyday you get your image on the front page of a large Scuba magazine site. Now if they would only hire me as a staff photographer and take me on their shoots!

 

[ScubaSteve]

Now if they would only hire me as a staff photographer and take me on their shoots!

Amen to that. I will have to check out the picture. Congrats again.

 

[The Chairman]

While this does not specifically deal with our Photogallery, I thought that I would share our policy.

We state at the bottom of each and every Photogallery page:

2000-2009 ScubaBoard.com Images are copyrighted by their respective owners.​

In order to maintain that copyright for you, we make it as impossible as we can to copy any image out of our PhotoGallery and we allow you to remove any of your images at any time you desire. These are YOUR pictures and we appreciate you sharing them with us!!!

This is from our posted Terms of Service:

Photo Gallery Terms of Service
These terms apply to any individual who uploads or views photos from the ScubaBoard photo gallery and is in addition to the main ScubaBoard terms of service agreement.

1. Limited Warranty

The ScubaBoard photo gallery is a free service provided to users of the ScubaBoard website. ScubaBoard's photo gallery is intended to be used for displaying photos to other visitors of the ScubaBoard website; at no time should the gallery be used as an archive, backup drive or other method of file storage. ScubaBoard makes no warranty as to the integrity or reliability of any images posted to its servers. Images may be removed without warning.

2. Copyright Responsibility

All images posted the ScubaBoard photo gallery are the sole responsibility of the person who uploaded such content. By uploading an image you are stating that (1) you agree to these terms and (2) you have the legal right (copyright) to post said images. ScubaBoard reserves the right to edit, remove or otherwise modify photos uploaded but does not actively monitor or moderate photo submissions. At no point is ScubaBoard liable for harm, loss or damages resulting in uploading images to the photo gallery. ScubaBoard recommends that all photos be clearly watermarked or otherwise visually copyrighted to limit the possibility of theft. In addition, we recommend that you upload a limited resolution version of any image (i.e. 640x480) to further reduce the chances of illegal photo copying. ScubaBoard makes reasonable efforts to minimize any copyright infringement but given the public nature of the photo gallery, ScubaBoard is unable to guarantee that images will not be re-used by third parties without authorization.

3. Photo Content

The ScubaBoard photo gallery is intended for uploading underwater and dive related photos only by members of the ScubaBoard website. Offensive content including content that contains nudity, violent images, discloses personal information of individuals, slanders any individual or company or is grossly offensive is strictly forbidden. In addition, copyrighted content or materials may not be posted without authorization from the copyright holder.

4. Limited Photo License

By uploading images to the ScubaBoard photo gallery you grant ScubaBoard a non-exclusive, royalty-free, limited license to display and reproduce posted images in the ScubaBoard gallery and on other parts of the ScubaBoard website for use in promoting the photo gallery. ScubaBoard may from time to time display its photo gallery at offline events for the purposes of promoting the photo gallery. This license shall extend until such time as you remove photos at which point it will automatically expire; you have the right to remove any images at any time.

5. Use of other member's photos

As a visitor of the ScubaBoard photo gallery you are permitted to view, bookmark and use photos as virtual "eCards". At no point may you download, save, copy or in any way distribute the photos contained in the ScubaBoard photo gallery. All photos contained in the gallery are copyrighted by their legal owner, should you wish to use a photo for any purpose not explicitly listed above you must seek direct written permission from its owner.

6. Content

The photos posted to the ScubaBoard photo gallery are not screened or moderated and as such you may view content that you find offensive. In such an event you are encouraged to report the photo to an Advisor or Moderator for review and possible deletion if appropriate.

If you believe your copyrighted photo is being used without your consent please contact ScubaBoard immediately at:

ScubaBoard.com
717 Executive Drive
Winter Park, FL 32789
United States of America

Please note: it is often difficult for ScubaBoard to determine the rightful owner of an individual photo. We may, in the process of investigating a copyright claim, require additional information to help determine the status of the photo in question.

 

[Where2Next]

pixelpame, Congratulations on your win! I did go over to the Sportdiver site and have a look. Great photo! I wonder why they have such a disclaimer on their entry site, if indeed you do still hold the copyrights to the image??? Anyway, thanks for sharing!

I have one of the Olympus cameras and I think it is a fantastic little point and shoot!

 

[bvanant]

according to the rules, you own the copyright, but they have a non-exclusive royalty free license to use it. Whether they do or not isn't the point. the fact is that they can and if they do you have little recourse. In general, I think PADI probably won't go out of their way to piss off people, but if your image shows up on next year's calendar, then be happy that it won, but don't expect any royalties.
Bill