The American Landscape 2021 Photo Contest

About This Organisation

Outdoor Photographer

traffic-light-stopOutdoor Photographer is part of Madavor Media. "Madavor Media’s Creative Division offers a blend of unique publications that focus on the art of photography, filmmaking and the craft of writing." 

About this Report

Competitions seeking submissions of creative works – works such as photos, videos, poems, music, etc. – can be reviewed by the Artists' Bill of Rights campaign, especially if brought to our attention. Our reviews will help you decide if you should participate.

Rights have a value and you are free to decide what that value is. If a person or organisation wants to use your work to promote their project, you have the right to refuse permission or to set a fee for a specific use. More information about intellectual property rights and their value to you can be read in our Guide to Rights & Licensing.

The American Landscape 2021 Photo Contest

Closing date: 27 May 2021

TERMS AND CONDITIONS

The competition's "Official Rules" are listed at the bottom of the contest page. Be sure, also, to read the privacy policy page under the heading, "Contests, Sweepstakes and Surveys" to understand how your information will be shared with sponsors and what your opt-out choices are.

The Official Rules contain circular, unclear and confusing language as to how, and for how long, your entries will be used, and under what conditions they will be shared with sponsors. See Item #2 below to be clear about what we consider the proper usage of entries by the contest and sponsors.

We did contact the competition and Madavor Media but received no reply.

You should always hold off on entries until the terms are made explicity clear!

We could not understand the following:

By submitting an Entry, entrant acknowledges and agrees that Sponsors may obtain many Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsors, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsors or submitted for other reasons or other materials developed by the Sponsors. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Entry, or that any compensation is due to entrant in connection with such Entry or other works used by Sponsors.

We wanted to know what, "except as otherwise noted herein", refers to, in addition to the organizer claiming unlimited usage without respecting certain conditions in our principles, as further outlined below.

In addition, each winner grants to the Sponsors and their designees an irrevocable, royalty-free, nonexclusive, worldwide perpetual license to use and distribute the entry (as submitted, or as cropped by the Sponsors), and his/her name, city and state of residence for credit purposes, in any and all media now or hereafter known, including without limitation in Outdoor Photographer and any Madavor Media magazines for purposes of promotion of this Contest except as otherwise stated herein, without further compensation, notification or permission, unless prohibited by law. (underline is ours)

HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU

The following notes explain how the above terms and conditions affect your rights.. 

  1. The terms and conditions are unclear about how your work will be used. Never submit works to a competition or appeal without knowing how the terms and conditions will affect your rights.

  2. The terms and conditions may be granting the organiser unlimited use of your work forever. For non-winning works a usage time limit of 3 years or less should be set with usage limited solely to promoting the competition or appeal. It is permissable to use winning works forever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.

  3. The terms and conditions may be granting the organiser the right to use your work beyond that needed to promote the competition or appeal. Your work will be used for other purposes. Usage of your work should be restricted solely to promoting the competition or appeal. If the organisation wishes to use your work for any other purpose they should negotiate with you independently of the competition. You should have the right to negotiate an appropriate fee for the specific use they want to make of your work and to set a time limit on such use. You should also have the right to refuse use of your work. For further information on fees and licensing refer to the Introduction to Rights and Licensing.

For further guidance please read the Bill of Rights for Artists, particularly our Bill of Rights Principles.

SPONSORS

Tamron, Bay Photo, Gura Gear, Anthropics, expo disc 2.0, FlashBender, Nissin Digital, SanDisk, Haida.

MAKE YOUR CONCERNS KNOWN

Social media is an effective voice! Express your opinion to the organiser and sponsors via social media.  Urge them to adopt the principles set out in the Artists' Bill of Rights.

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The Artists' Bill of Rights campaign depends on your active support!

Your advocacy does make a difference! 

About the Artists' Bill of Rights

The Artists' Bill of Rights principles for Creative Competitions

Competitions which meet all the standards set out in the Bill of Rights For Artists do not do any of the following -

  • claim copyright
  • claim exclusive use
  • seek waiving of moral rights
  • fail to give a credit for all free usage
  • add, alter, or remove metadata from submissions
  • seek usage rights other than for promoting the contest and no other purpose. Note that a book, posters, cards, or a calendar are seen as legitimate ways of promoting the contest and defraying costs
  • seek free usage rights in excess of 3 years
  • use the submissions commercially without the entrant's agreement, and such commercial usage is to be subject to a freely negotiated license independently of the competition.
  • make it a condition of winning that an entrant must sign a commercial usage agreement
  • fail to publish all documents on the competition website that an entrant may have to sign
  • fail to name the judges for this or last year's competition
  • fail to explicitly state all the organisations who will acquire rights to the submissions
  • set a closing date more than 18 months after the contest launch date
  • fail to make clear statements of rights claimed and how submissions are used.

We have written an Organisers Guide to the Bill of Rights to help organisers draft terms and conditions that respect the rights of entrants and at the same time provide legal protection for the organiser.


© Bill of Rights Supporters Group

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The above text may be reproduced providing a link is given to the Bill of Rights For Artists.

Any text reproduced in italics in this report has been extracted from a competition or appeal website for the purposes of review.

Organisations who would like to be promoted as a Bill of Rights Supporter and have their competitions promoted on the Rights On List can use this contact form. We look forward to hearing from you.

 

Pro-Imaging.org founded the Artists' Bill of Rights in 2007

Pro-Imaging is a worldwide support group for professional photographers
who are pro-active in defending photographers rights.