American Airlines is sponsoring a "Why You Fly" contest. The grand prize is a year's worth of flying, and most anyone could use that. You enter by submitting a photo, an essay or a video.

On the contest website, you get to the page that is titled, "Legal Terms and Conditions." You have to scan down to read the entire text. While most folks might "accept" the terms without reading them, this has some fine print that a photographer should read.

The terms state in part: "For good and valuable consideration . . . I hereby assign and transfer in perpetuity to American Airlines . . . all world-wide rights, title, and interest in . . . to all: . . . photographs . . . copyrights (including the right to register the copyright and any renewals or reversions thereof) . . . derivative works, and any other material and/or intellectual property embodied in the material created and submitted by me ("Work") for the American Airlines We Know Why You Fly Contest (the "Contest")."

If you agree to this, you have just transferred your copyright to American Airlines, regardless of whether you win a prize.

Similar events are occurring elsewhere. The license for AOL's instant messaging product, "AIM," gives AOL "all right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating [the] . . . content. You grant AOL . . . the irrevocable, perpetual worldwide rights to reproduce, display . . . this content . . . ."

This gives AOL a liberal, free license to use any photo transmitted using "AIM." To AOL's defense, such license may be necessary to protect itself from copyright infringement. On the contrary, a transfer of copyright is not necessary for American Airlines to run its contest.

While you might think that you are safe because a copyright transfer must be in writing and signed by the copyright owner, the law has caught up with technology. You now can "sign" a document by responding electronically. A contract may be in any memorandum form, including electronic mail. It is "signed" by any mark, written, stamped or engraved, that demonstrates the intent to agree to the contract.

So read the fine print to protect your copyrights.

Copyright 2005 Carolyn E. Wright

Carolyn Wright

Carolyn Wright is a professional photographer with an active wildlife photography business. Shooting for 25 years, her award-winning images have been used in books and corporate marketing materials. Her wildlife photos will be included in the upcoming book, "Captivating Wildlife - Images from the Top Ten Emerging Wildlife Photographers" by Scott Bourne and David Middleton. She also is working with Scott Bourne on "Wolfscapes," a photo book documenting the beauty and strength of wolves. Carolyn shares her love for photography with her enthusiasm for the law. Trained as a top-flight attorney, Carolyn's legal practice is aimed squarely at the needs for photographers. She understands the special issues that confront both professional and amateur photographers, and she regularly speaks and writes on the subject. Her book, "88 Secrets to the Law for Photographers," also co-written with Scott Bourne, is scheduled for release in fall 2005. On the faculty of Olympic Mountain School of Photography, Carolyn’s passion is enhanced when teaching photography. She enjoys writing and speaking on the subject, as well, and is a regular columnist for PhotoFocus, an online magazine for serious photographers. Carolyn is particularly tuned to the special interests of women in photography. She appreciates women's unique approach to the subject, and adapts her instruction accordingly. Armed with more than 20 years of general business experience and a Masters of Business Administration degree, she understands what is needed to succeed in male-dominated fields. This knowledge, combined with her training and experience as a teacher at all levels from grade school to graduate school, provides the strong foundation she uses to help others with their photography. Carolyn can be contacted at 2107 N. Decatur Rd. #117, Decatur, GA 30033 or by phone at 678.592.8025.