April 21, 2008

A bit of a scam - Photography

From a Photography email list I found that Crossroads Trading Co. (a New and Used Clothing Store based in CA and Seattle) is offering this wonderful 15th Annual Photo Contest. From their website Contest Announcement:
All amateur and professional photographers are invited to enter Crossroads' 15th Annual Fashion Photo Contest now through June 8, 2008. Winning photos will show the most attractive presentation of currently fashionable clothing. Photographs will also be evaluated on the basis of originality, creativity, composition and overall quality.

ENTER
It's easier than ever to share your fashion vision with the world! To enter, read the official rules, create your account, and upload your photos. Check the tips and guidelines page for details on how to prepare your photos. You'll need to create 2 files from your original: a Thumbnail which must be no longer than 120 pixels on its longest side, and a Fullsize which must be no longer than 800 pixels on its longest side. Make those in JPG format, in RGB mode, 72dpi.
Sounds like fun and a good way for a beginning pro to get some exposure. But... Excerpted from the Photographers Agreement: (PDF File)
I hereby transfer all ownership and copyright of the photograph(s) to CROSSROADS TRADING CO., INC. I understand that this means that Crossroads Trading Co., Inc. will have the sole right to publish such photograph(s) in any manner they chose.
And the prizes:
PRIZES
1st Place: $1000.00 Cash + Publication of Photograph with credits as part of a CTC ad campaign + 24� x 36" poster of your winning entry, on archival paper.

2nd Place: $300.00 Cash + Likely publication of photograph with credits as part of a CTC ad campaign + 24� x 36" poster of your winning entry, on archival paper.

3rd Place: $150.00 Cash + Possible publication of photograph with credits as part of a CTC ad campaign + 11� x 17" poster of your winning entry, on archival paper.

Honorable Mentions: $50.00 Cash + Possible publication of photograph with credits as part of a CTC ad campaign.
I bet they have maybe two or three Honorable Mentions so for a grand total of $1,500 plus the cost of a couple large prints ($300 tops - an operation that size will have in-house large format printers), they get a virtually unlimited stream of glamour photographs of models wearing cool clothes. The photographers don't have to use any particular line of clothing because this is a new and used clothing store. And for the poor schlub that thinks they will be getting exposure? Only the five or six cash prize winners will get any kind of credit for their work. It's all legal and above board but I pity the poor fool who works for free. Been there, done that... Posted by DaveH at April 21, 2008 11:17 PM
Comments

I fully agree with you that their terms are extremely unfair. I have a problem with them having the sole right to publish someone's work without having paid for it. However, California law says in order for a contract to be valid there must be "consideration." Meaning if Crossroads decides to use one of those images that they didn't pay for, the contract would be null as the photographer would not have received payment for their images. Courts also have a history of not upholding contracts that were created unfairly.

All in all, there are legal ways around such unfair terms.

Posted by: Justin at May 12, 2009 2:12 PM
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