Copyright issues - submissions for contests/etc.

bike21

So I was thinking of submitting a photo to Sigma for use in their DP1 series of advertisements. As usual, I clicked on their Terms & Conditions and found this unfortunate but all to common section... [bold/underline added for emphasis]

User-Submitted Content: You agree that any content (including but not limited to pictures and images) you submit is on a non-confidential basis. By submitting any content to the Site, you keep ownership of the copyright of the content, but you: (a) irrevocably grant to SIGMA, its parents, subsidiaries, affiliates, and its successors, assigns, licensees, and agents, the non-exclusive, royalty-free, perpetual, irrevocable, worldwide right and license to reproduce, edit, modify, distribute, publish, display, market, promote, sell, license, broadcast, sublicense, transmit, and otherwise commercially and non-commercially exploit the content, in all channels of distribution, the content, all intellectual property therein, and derivative works made from the content, without compensation of any kind, in whole or in part, in all forms, formats, media and versions, now known or hereafter developed, including as part of an electronic database, and to license to third parties to exercise any and all such rights, in connection with advertising the goods and services of SIGMA, its parents, subsidiaries, affiliates, successors and assigns.
You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your photo or image or your name, picture, likeness, address (city and state), e-mail address, or biographical information. You expressly grant SIGMA the right to repost any such submitted content in any altered or unaltered form, without any further authorization from you, to other websites, including but not limited to <facebook.com>, <twitter.com>, <flickr.com>, and <youtube.com>.

I'm sure this has been discussed ad nauseum around here, but what do you think? Is it worth it giving up future compensation to a company for usage? In this particular case, you do maintain ownership so it doesn't preclude you from making money on your own - but there will never be any compensation from Sigma in this instance even if you get a full page spread in a magazine for an ad. I prefer to get paid for my work hence, no submission from me.

Is it worth getting 'published' for things like this?</youtube.com></flickr.com></twitter.com></facebook.com>

Cygnus Studios

bike21 wrote: »

Is it worth getting 'published' for things like this?

There are plenty of people who think so. There are also plenty of people who never will.

In the beginning there is a certain thrill in being published. Some people will never have the opportunity to see their work in a publication without winning a contest. There is nothing wrong with those who wish to give this a try.

Every time you get published there will be something in the clause that isn't in your best interest. You do limit it as much as you can, but publishers are looking out for their interests, not yours. The more that they can get, the happier they are.

We learned very earlier in our business to take the money and run. If you get too caught up in who gets what, someone else is making the money.

bike21

Thanks Steve for the insight. I guess going forward I'll have to weigh the options of each opportunity and go from there. Definitely don't want to sell out or hold out for too much money either. Case in point, I might get a picture published in the May issue of a small mountain bike magazine to accompany an article about some advocacy issues. I won't be making much $$ at all, but it's a start. The author of the article will only get about $100 at best for his work so I'm not expecting much.