Please be aware before you enter!

alcina · Jun 21, 2010

It's come to my attention that NAUI is running a photo comp and they have decided that they will OWN every image submitted. You will no longer own your images. You will not be paid for any use of said image(s). Basically they are hoping no one reads or understands the rules and that they will then collect a massive number of free images to use in their promotional materials, training materials and anything else they want, forever. This is unacceptable for a photo contest and I strongly encourage you to not enter with these rules. Trust me, there's no glory in seeing your name in these particular lights.

Here is the email from Roger Roth showing the exchange between Jason Heller of DivePhotoGuide.com and NAUI/Just Dive Photo Contest

From: Roger Roth <rroth2@cinci.rr.com>
To: uwphoto@yahoogroups.com
Sent: Mon, Jun 21, 2010 1:36 pm
Subject: [uwphoto] NAUI Just Dive photo contest

Hello all,

As you can see below (start at the bottom), NAUI is holding a photo contest
in order to gain image ownership in perpetuity, from any entrant without any
monetary benefit to the photographer. Jason Heller was the first to respond
to NAUI and his response is below along with NAUI's reply to Jason. I also
chimed in and added that a two year use of a winning image for promotional
purposes only is acceptable.

Photographers should take note of this "contest" and beware...there are
plenty of reputable competitions out there, and very few if any intend to
take ownership of your images.

Roger Roth, Founder/Director

Underwater Images Competition

Dear Jason, et al,

Thank you for taking the time to contact us with your concerns. I will
address them and your assumptions in turn.

What you are seeking is image usage rights. (Jason)

No, we are seeking ownership rights. Submitting a photo to the contest for
consideration transfers ownership and the originator is not able to resell
or provide the image to another entity without NAUI's written permission.

abusive and over-reaching usage rights. (Jason)

You are entitled to your opinion, however, we are collecting images to
exclusively use in future NAUI products and promotions and we make clear
that by submitting a photo you relinquish ownership and any right to future
compensation. Whether you choose participate or not is entirely up to you.

written by a junior staffer or otherwise copied and modified from other
contests.(Jason)

Your speculation is incorrect. The rules were written by me to ensure that
any image we choose to associate with our brand, winner or not, will not
circulate on the internet, be used in a manner with which we might disagree,
or be sold to the highest bidder once the exposure we provide adds value to
the image.

any worthy photographer will not enter if they read the rules (sometimes
they dont read them, but do you really want to trick photographers?...(Jason)

Word will get around to the underwater photography community (ie: people
with acceptable images that you want participating in your contest).

The contest is open to all divers, "worthy photographers," professionals,
amateurs and even those that just took their first underwater image or
topside shot for that matter. The rules are prominent and submitters must
agree to the terms in writing or we will not accept their submission. There
is no attempt to trick anyone into participating and in the event all
"worthy photographers" choose to not participate, we will continue to
operate our contest for those unworthy amateurs who want to try to win a
prize or would like to see if their image is worthy enough to appear on a
magazine cover or be included in the annual calendar.

To the extent that these images help NAUI be more successful those who have
contributed their work can be satisfied knowing it has supported NAUI's
mission even if only indirectly.

Thank you for contacting NAUI Worldwide.

From: Jason Heller [ <mailto:jason@divephotoguide.com>
mailto:jason@divephotoguide.com]

Sent: Sunday, June 20, 2010 2:01 PM

To: Justdivephotocontest

Cc: Roger Roth; chris@chriscrumley.com; JASON@DIVEPHOTOGUIDE.COM;
stevex@cox.net

Subject: RE: 2010 Just Dive Photo Contest Submission...

It has come to our attention from several underwater photographers that NAUI
is running an underwater photo contest with rules that are non-customary and
abusive to photographers.

Please direct this email to a senior marketing person who can appreciate the
sensitivity of the issue and what follows

It is unheard of for a contest to obtain "ownership" of copyrights from
submissions or winning images. What you are seeking is image usage rights.

Several of us in the industry have been reaching out to contest organizers
when we do find abusive and over-reaching usage rights, which include
requiring usage rights to all images submitted and not solely the winners.
"Ownership" is the most abusive requirement of all and in fact this is the
first time I have seen it.

What we find is that often these rules are written by a junior staffer or
otherwise copied and modified from other contests, and often an honest
mistake. Any legitimate contest would never have such rules as you have
stipulated, and any worthy photographer will not enter if they read the
rules (sometimes they dont read them, but do you really want to trick
photographers?). You should change your rules as follows:

- Instead of ownership you should obtain non-exclusive image usage rights
from winning images only (for exclusive rights you should pay for them)

- Stipulate exactly what the image will be used for and that NAUI cannot
license the image to a third party

An example of accepted image usage right language can be found here:

<Rul | UnderwaterCompetition.com
es>
Rule | UnderwaterCompetition.com
s

(see #8)

Word will get around to the underwater photography community (ie: people
with acceptable images that you want participating in your contest). Please
take the time to adjust the contest guidelines accordingly.

Please feel free to reach out to me or those ccd on this email who can
also help consult on what is acceptable in this regard.

All the best

**************************************************************************

Jason Heller

DivePhotoGuide.com

Publisher

Tel: (917) 806-4600

Fax: (917) 677-8696

Email: jason@divephotoguide.com

　

From: Steve Hinczynski [ <mailto:stevex@cox.net> mailto:stevex@cox.net]

Sent: Saturday, June 19, 2010 9:49 PM

To: Jason Heller

Subject: Fw: 2010 Just Dive Photo Contest Submission...

From: Justdivephotocontest

Sent: Monday, June 14, 2010 12:42 PM

To: Steve Hinczynski

Subject: RE: 2010 Just Dive Photo Contest Submission...

Good Afternoon Steve,

By participating in the Just Dive Photo Contest, you are giving up the
rights of owning the image. Please feel free to contact us with any
additional questions.

Thanks!

The Just Dive Photo Contest Team

From: Steve Hinczynski [ <mailto:stevex@cox.net> mailto:stevex@cox.net]

Sent: Saturday, June 12, 2010 4:11 PM

To: Justdivephotocontest

Subject: 2010 Just Dive Photo Contest Submission...

Quick question -

What exactly does "aquire all rights of ownership" mean?

Does this mean I lose ownership of any images and can no longer use them
myself or license them myself?

Thank You

Steve Hinczynski 51451

As ever, each person must decide for themselves, but this is really totally super uncool and no prize is worth your integrity imho.

If your image is of high enough quality for a company to use in their promotions and materials forever, it's high enough quality for you to be compensated for it. They know it and are counting on people's desire to be published and to win for bragging rights to override that reality. Don't you ever doubt that.

This is very unlike entering a contest where the contest can then use that image for a specified period of time to promote that contest in the future etc.

Gilligan · Jun 22, 2010

Appreciate the heads up.

ronscuba · Jun 22, 2010

That's ridiculous. They are using a photo contest to obtain free photos they can use for their profit forever.

I am surprised there isn't more press out there slamming Naui for this.

OldNSalty · Jun 22, 2010

Bad NAUI. In that case I think I will only submit other peoples work.

skynscuba · Jun 22, 2010

I have a picture of my brown starfish to send them.
:mooner:

Scuba Ken · Jun 22, 2010

No matter how they word it, its likely a non binding contract unless they pay every single entrant something. In most cases ownership can not be transferred by small type it requires and exchange or "payment". The payment can be small but needs to be there.

Gilligan · Jun 22, 2010

OldNSalty:
In that case I think I will only submit other peoples work.

alcina · Jun 22, 2010

Scuba Ken - I wouldn't count on it.

These terms are ridiculous and unacceptable - a greedy grab.

Elysian · Jun 22, 2010

This reflects poorly on NAUI. Bad business.

Thalassamania · Jun 22, 2010

The terms are typical of amateur photo contests.

It is good to see the underwater photo hobbyist community becoming hip to this problem and resisting it.

If NAUI just asked for the flat out donation of images, I bet they'd get a few (I've given them some in the past), but to use the old "photo contest" scam is just, well ... tacky.

Please be aware before you enter!

Please register or login

alcina

Missing Diva.

Gilligan

Contributor

ronscuba

Contributor

OldNSalty

Contributor

skynscuba

Contributor

Scuba Ken

Contributor

Gilligan

Contributor

alcina

Missing Diva.

Elysian

Registered

Thalassamania

Diving Polymath

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