| The Dangers of Award Entry Copyright
Release Forms and The Value of ASMP Activism
By Steve Whittaker
Every year, photographers receive award entry copyright
release forms from various trade association competitions. The trade
associations use our images for awards competition announcements
and in many cases to support to them or their clients at no further
cost or financial gain to the photographer. ASMP Architecture and
ASMP National have been negotiating these release regulations and
are making many positive gains.
Many of these trade organizations realized that a
fresh stream of promotional images could be used beyond award announcements.
These release forms usually request usage for award announcements.
In many cases, these release forms, might include commercial usage
or total ownership in addition to the original intent, with no further
royalties going to the photographer as part of the release form.
Some of these organizations will try using the phrase,
“Fair Use” for educational purposes for their members.
One organization claimed that their need for continuing education
relied on our images for their member’s slide library, books,
brochures, posters, web site usage and in some cases, allowing third
party requestors to have access to those images for commercial value-again
with no further compensation to the photographer.
To avoid such demands, a photographer could cross
out the unacceptable or objectionable copy, and change the verbiage
on those release forms to meet his or her own needs and submit them
to the client for award entry. In most cases the changes were accepted
but this may, or may not hold up in court. Ideally, contract should
be signed by both parties to confirm the agreement.The ASMP Architecture
Group in dealing with these award competitions has recently made
a major leap in progress. Three years ago, ASMP Architecture came
up with their own award release form and over the past three years,
the members have refined that entry form. Currently, this new form
allows the images to be used for award announcements at no further
charge to our clients, but we retain the rights to license these
images for additional usage. This form is becoming a standard release
form for ASMP Architectural members.
The American Institute of Architects or AIA, has demanded
more rights in their annual awards program each year. Earlier this
year, the AIA insisted that their members use their own release
form. Any member using the ASMP/Architecture release form would
void their awards entry. As a result, there was the potential to
intimidate the photographers and potentially damage many loyal client
relationships. Many of the ASMP Architecture members actively discussed
this issue with their clients, are lecturing AIA local chapters,
and put their name on a list to protest the AIA’s action.
After months of discussions, phone calls, E-mails
and letters, the CEO of the AIA had his first meeting with ASMP
Executive Director Gene Mopsik and ASMP Counsel Victor Perlman.
The results of that meeting are still forthcoming, but the future
looks encouraging. The creation of new competition policies that
respect the rights of photographers are part of that future. This
is just the beginning and hopefully other trade organizations will
take notice and will follow.
Ericka Stoller, Jonathan Hillier, Chun Y. Lai, David
Seide, James Cavanaugh and many others, were extremely active in
making these changes possible. With ASMP National’s help,
changes are happening but we all need to hold firm and work together.
Just as important, we need to take responsibility for our actions
by educating our fellow members, competitors and especially our
clients.
Whether your specialty is Architectural Photography
or any other field in photography, your contributions as active
members in this community we call professional photographers and
ASMP are needed. Change happens when we work together and that’s
what ASMP is all about.
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