Pro-Imaging

Photoshelter's Shoot! The Day ends 27 July 2008 

The Rules of this Contest

Listed below are extracts from the rules of this competition. These extracts detail the rights being claimed from entrants.

"ENTRANT RELEASES

"If the photograph contains any material or elements that are not owned by the entrant and/or that are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the publication, exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release. Model and property release forms are available for use within the member's area, here: http://psc.photoshelter.com/mem/learn/legal

ENTRANT LICENSES

Entries may be published by PhotoShelter, Inc and PhotoShelter affiliated Sponsors (Apple, Inc., Nikon, Adorama Camera, and Shoot Digital) (together, the "Authorized Parties") in magazines or books, on websites, or in any other medium, at Authorized Parties' discretion only for the purpose of promoting Shoot! The Day, The Photographer, and/or the PhotoShelter Collection. Such use will be restricted to promotion, publicity, news, or informational education or awareness of Shoot! The Day, The Photographer, and/or the PhotoShelter Collection for only as long as the image a) has been accepted by PhotoShelter editors, and b) actively resides within the PhotoShelter Collection.

PhotoShelter and Authorized Parties have no rights whatsoever to any image that is submitted to the contest but not accepted into The PhotoShelter Collection. Contest images that are submitted but not accepted into The PhotoShelter Collection will be permanently deleted from our servers immediately following the judging, when results are posted.

Images accepted into the contest/collection will only be used to promote the original artist, the event, or PhotoShelter. The Authorized Parties and anyone else associated with the event do not have direct access to the images, and PhotoShelter will not grant access unless their usage is part of a collaborative marketing effort in support of the artist or the contest. Moreover, the standard PhotoShelter practice is to, wherever possible, obtain the photographer's permission before using an image for marketing purposes. This practice remains in full effect for this contest. In every instance, PhotoShelter and Authorized Parties will appropriately credit the photographer.

PhotoShelter and Authorized Parties' ability to use these images exists only while the photographer is a participant in the contest and is a contributing member of The Photoshelter Collection. As soon as the photographer should decide (if ever) to remove their image(s) from the PhotoShelter Collection, PhotoShelter and Authorized Parties no longer have access or license to use their image(s).

By participating, all entrants grant a license to PhotoShelter and Authorized Parties for the above described usage, and acknowledge that any Authorized Party may use the entries and a name credit in any media, without restriction as long as the usage is part of a collaborative marketing effort in support of the artist or the contest (as described above). Authorized Parties will not be required to pay any additional consideration or seek any additional approval, except as outlined above, in connection with such use.

Results of Testing the Rules

Listed below are the results of the tests we carried out on this competition's rules. The tests are all based on the standards set out in The Bill of Rights. By adopting these standards competition organisers can create competition rules that meet the needs of organisers and are fair and respectful to the rights of entrants. For each test a result is given which can be Pass of Fail. Competitions that pass all these tests go on The Rights On List, those that don't go on The Rights Off List.

If the rules are vague and we cannot determine whether the rules pass a particular test or not the result is shown as Unclear.  Where a test is not necessary the result is shown as N/A.

Click on any result below for more information about that specific test.

1 Copyright & Moral Rights 

• Pass, All photographers entering the contest retain their copyright
• Pass, The contest does not require any entrants to waive moral rights
• Pass, Rules state a credit is always given to the photographer when the image is published
  
• Pass, All the documents that must be completed by each entrant to participate in or win a contest are shown
  

2 Free Usage Durations Claimed (See conclusions for exemption reason)

• Exempt, The organisers free usage is time limited as per The Bill of Rights
  
• Exempt, The sponsors free usage is time limited as per The Bill of Rights
• Exempt, Book usage is time limited as per The Bill of Rights
  
• Pass, free usage only promotes the contest or is used for a book 

3 Commercial Usage Rights Claimed

• Pass, A statement clarifying the commercial usage position is present as per The Bill of Rights
• Pass, Commercial usage is rights managed & time limited as per The Bill of Rights
• Pass, Entrants are not required to sign commercial usage licenses

4 Declarations

• Pass, The organisations that acquire rights are all named
• Pass, This (or last) years Judges are named along with brief bio details

5 Contest End Date

• Pass, The contest end date is within 16 months of the contest being announced

Conclusions

This contest meets every requirement of the The Bill of Rights.

This contest is recommended.

NB! To be eligible for prizes in this contest you must be a PhotoShelter contributor, or become one. 

This contest is exempt from the maximum free usage duration specified in the Bill of Rights in that the contest meets one of the Bill of Rights exemption criteria, namely the benefit to the photographer.

The primary purpose of this contest from the organisers viewpoint is to increase a) the number of contributors to PhotoShelter and b) to increase the range of imagery for specific categories in the PhotoShelter library. Images submitted to this contest that are accepted by PhotoShelter and lodged actively in their library are beneficial to the photographer in terms of potential future sales.

The competitions rules preclude the usage by PhotoShelter of images submitted to the contest that are not accepted into their collection. 

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Organisations - PhotoShelter, Apple, Nikon, ADORAMA, shootdigital, JPG, APA, artlog, BLIND SPOT, CITY, flakphoto.com, humble arts foundation, STROBIST

Judges - "Winners will be chosen by PhotoShelter's Staff Editors and a to-be-announced list of independent Art Directors and Photo Editors. Upon completion of the judging, the names of the judges will be announced on the site in conjunction with the announcement of contest winners on or after September 8, 2008 at www.photoshelter.com, and at www.shoottheday.com."

Contact - Send enquiries about this contest to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

© 2008 Pro-Imaging; Last updated on 24 June 2008

The above text may be reproduced providing the Pro-Imaging copyright notice is displayed with a link to the Pro-Imaging website.

Text reproduced above in quotes has been extracted from the competition website for the purposes of review in this report.

NB. If the competition rules are changed after updated date shown above it is the competition organisers responsibility to notify Pro-Imaging of changes made.