Re: [AGA-Contest] Contest photo release suggestion/improvement?

Thanks for the idea. We have considered that amny times before. Even software companies, the ones that most often use "click-to-affirm", don't all treat it with the same confidence. Some make you scroll, as further evidence that the text was presented and, presumably, read.

The problem is AGA is exposed to infringement liabilities and methods other than an actual signature are notoriously inadequate in court for demonstrating the granting of use. Of course, software companies can get enough boost in sales to offset the risks of legal costs. The AGA is not so wealthy or fortunate -- higher prices to offset the insurance against the financial risks would make the contest even less attractive.

Find a lawyer that will give an opinion, as an attorney, that the signatures are not needed and we'll drop them like last week's milk. We have never been able to do that.

It's not something we want to do; it's something we do to protect the AGA.

There is usually only one person per year that actually objects or complains-- About half dozen that get it wrong--and probably would no matter how easy it was -- yes there are people that get the "just click" instructions wrong -- just ask Greg Watson -- and as many or more that just don't comply no matter what you do -- they end up too busy, forget, or just change their minds.

----- Original Message ----
From: Dave VanderWall <dave@vanderwall.org>
To: AGA Aquascaping Contest Planning <aga-contest@thekrib.com>
Sent: Monday, October 1, 2007 6:56:15 PM
Subject: [AGA-Contest] Contest photo release suggestion/improvement?

Suggestion regarding the photo release:

I'm wondering if we could do some sort of "click through" agreement for the photo release, sort of like what happens when I install a piece of software and have to say I agree to the terms and conditions of the license agreement? Could we put a check box on the entry page (deselected by default) which states the entrant has read the rules and regulations, and is the legitimate copyright holder of the photos (or however this is currently worded), and, of course, not let the user continue to submit the entry until they have agreed to the terms by checking the box? I'm not a lawyer, but it seems like this method should be just as good as a scanned signature.

Maybe this would put it over the top and into the "super-duper ridiculously easy" category. ;-) It seems the signed photo release comes up as an issue every year. Erik would know best, though.

I can't believe similar contests don't have *some* sort of method to reduce the contest's exposure to liability in the case of copyright infringement. This contest also serves as material for TAG, so it's important to have that agreement with the entrant saying, "You own the copyright, but by entering you are giving us permission to reprint your photos on the contest website and in TAG."

Or have other contests figured out that by entering the contest there is an implicit agreement to the contest rules and regulations? I seem to recall going down this road before, and we just decided better safe than sorry, probably mostly due to wanting to use the photos for TAG.

Anyway, click-through agreement. I think it could work, and it would be a little easier for the entrants, and probably also for Erik in the long term.

Dave V.