germany commerce competition
Does entering a photo in a competition qualify as commercial usage?
<p>I would like to know if I need to have the rights for commercial usage for a photo that I want to enter in a photo competition. Consider this scenario: I take a photo of someone (e.g. a model) and they grant me a non-exclusive, non-commercial right to use/distribute the photo online and in other media. If I want to enter this photo in a photo competition (where prizes can be won). This way, I'm not directly making money off the photo, but if I win a prize I would potentially have a monetary benefit. Does this qualify as commercial usage of the photo? Does it matter if there are no prizes? And if there are prizes, does it matter if they are monetary or material prizes (e.g. photo equipment)? I live in Germany, I'm interested in the situation for both national and international competitions.</p>

<p>I know that some competitions ask the participants to grant the host commercial usage rights as well, so those competitions are out of the question. </p>

<p>The model does not own the copyright, the photographer does.</p>

<p>Many parts of the world require a <em>model release</em> before a photo can be used commercially. <em>Commercially</em> generally means used to sell goods or services where the impression is given that the model endorses the goods or services, more or less, in advertising. A model release is not required to otherwise use the photograph, e.g. to illustrate a news story, to sell copies of the photograph or win prizes in competitions with it.</p>
