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Key Principles of Fair Usage:
- Respect for copyright: Organizers should acknowledge and respect the photographer’s ownership of their work.
- Limited use: Usage rights should be limited to purposes directly related to the marketing/promotion of the competition, photos and photographers.
- Specific Usage: Detailed information regarding where the images will be used for the promotion of the competition, this should include websites, social media, partners website, media outlets, books & calendars etc.
- Moral Rights: Photographers should be credited whenever their images are used. This includes publication and Media not owned by the organiser. Editing and manipulation of the images should be kept to a minimum.
- License Duration: The usage license should be limited in time with a maximum of 5 years, but ideally less.
- Compensation: Photographers should be compensated for commercial use of their images beyond promotional purposes. This can be detailed in the terms or by a separate agreement.
In essence, fair usage in a photo competition balances the organizer’s need to promote the competition and its winning entries and photographers with the photographer’s right to control their work and receive appropriate compensation.
Generally Unacceptable (Unfair Usage):
- Commercial use without compensation:
- Selling submitted images for profit without compensating the photographer.
- Using images in commercial advertising or marketing campaigns without permission.
- Granting exclusive rights indefinitely:
- Requiring photographers to transfer all copyright and financial rights permanently.
- Preventing photographers from using their own images for other purposes.
- Modifying or altering images without permission:
- Making significant changes to images without the photographer’s consent.
- Using images in a way that misrepresents the photographer’s work.
- Using images in a defamatory or harmful way:
- Using images in a context that damages the photographer’s reputation or the subject of the photo.
- Sub licensing images for profit:
- Giving other people the right to sell the images, without compensating the photographer.
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