Cheap shot Terms and Conditions

The sky is red and turquoise and a river of water shakes across the ground to an island over a n inlet of sea.

The Sound of Taransay in the Golden Hour (or is it the gloaming ?). © Mhairi Carroll

Does this annoy amateur and professional photographers?  To enter a photo competition where the prize is just one bottle of Glenfiddich 21-year-old whisky you need to submit your best photo of a Golden Hour shot (they actually mean sunset as it could also be dawn but you shouldn’t be interested in whisky at Dawn ).

The Promoter of the competition is William Grant & Sons UK Ltd, one of the wealthiest private companies and it has the third highest of the market share for whisky distilling companies. For the price of one bottle of 21-year-old whisky (approx. £100) to one winner they get the royalty free rights to every photograph submitted by every participant to do what they like with.

What a cheap shot for them as they would pay at least £500 for one pic from a professional or agency and perhaps over £1,000 or more if it was a principal image in a national or global campaign. Even amateur photographers would get paid if the company wanted to use your picture.

Be aware when accepting these terms and conditions that you don’t end up giving away the ability to earn from your best ever shot?

“By participating in the Promotion the entrants licence and grants the promoter an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media, without compensation, restriction on use, attribution or liability. Participants agree not to assert any moral rights in relation to such use where the moral rights in respect of the content are theirs to assert. Participants warrant that the materials are their original works, have not been copied, in whole or in part, from any third party and they have full authority to grant these rights.”- via Golden Hour Terms and Conditions.

I would like to add  – However, should the promoter seek to use the image for a specific use beyond reporting on the promotional competition then normal fees for the use of a copyright image will apply and the photographer paid accordingly.

Still, a bottle of Glenfiddich 21-year-old.


About photographicviewscotland

Photographers of Scotland's landscape and remote places and arts and craft makers. Mhairi is also making needle felted animals under the name of the Woof in the Wool. We live in Abernethy in Perthshire, Scotland.
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