Anthropics Technology Ltd is a UK based software R&D company specialising in graphics and animation software and began its commercial life by developing animation software for companies in the mobile telecoms industry.
In 2006 the company expanded its range of software by developing Portrait Professional. This is marketed to photographers and other professionals who require specialised software to assist in the retouching of portraits. Anthropics Technology Ltd trades under various brand names including Portrait Professional, Portrait Professional Studio and FaceStore.
Competitions or appeals seeking submissions of creative works from the public, works such as photos, videos, poems, music, etc., are reviewed by the Bill of Rights campaign. The reviews are to help you decide whether you should participate in the competition or appeal. The only thing you need to understand is that when you create a work (e.g. a photo) the law automatically makes you the sole beneficiary of certain rights over that work (but see note 1 below). These rights are called intellectual property rights.
Rights have a value and you are free to decide what that value is. If a person or organisation would like to use your work to promote something, you have the right to refuse permission, or to set a fee for a specific use and decide how long they may use it. More information about intellectual property rights and their value to you as an individual can be read in our Guide to Rights & Licensing. Listed on the next tab are some competitions or appeals promoted by the above organisation. For each we detail how the organisation's terms and conditions will exploit your rights to their advantage for works you submit to their competition or appeal.
A copy of this report was submitted to the organisation to help them review and change their terms and conditions. We also took the opportunity to invite them to join the Bill of Rights Supporters' Group. This would have enabled them to enjoy the benefits of being a member of a group which supports and respects others' intellectual property rights. Unfortunately the negotiations did not conclude successfully.
The main aims of the Bill of Rights Campaign are to help everyone understand that their intellectual property rights have a value and to encourage competition and appeal organisers to adopt the standards set out in the Bill of Rights for Artists.
Note 1. Rights for works created as an employee are usually owned by your employer.
Listed below in order of closing date are the competitions or appeals promoted by this organisation that have been reviewed by the Bill of Rights for Artists campaign. To see the review of each competition or appeal just click on its title and a window will open to reveal its details.
The following information is provided for each competition or appeal;
the terms and conditions that impact on your intellectual property rights for any works you submit;
an explanation of how the terms and conditions will affect you and the rights you have in any work you submit to it;
a list of any other organisations sponsoring the competition or appeal;
who you should contact and how to complain to the organisation concerned.
TERMS AND CONDITIONS
ON 16th September we received an email which had been sent by "The Portrait Professional Team" to various photographers. The email was an appeal for photographers to send them images (for free) and began as follows -
"Want to get worldwide free publicity for yourself and your photos?
We are looking for images of people to use on our website, in our magazine adverts, in our online advertising campaigns and more. Our website has millions of visitors from around the world, and we advertise in numerous major English language photography magazines such as Popular Photography in the USA and Digital Photo in the UK. You will be prominently credited if we use any of your images."
The email went on to explain that photographers could send as many photos as they wished, then set out in detail the characteristics of the photographs they were looking for and provided an email address that photographs were to be sent to. The email concluded with the following legal statement -
"Please note that by submitting a photo(s), you are giving Anthropics Technology Ltd (makers of Portrait Professional) full rights to use your original images and the images as altered by us, in our marketing and advertising, offline and online, in whatever way they see fit, subject to the photo(s) being prominently credited to you. This includes digitally processing the image and displaying both the original image and the processed version simultaneously. If you are not happy with these terms, please do not submit any images. Do ensure you only send images for which you own the copyright and the individual depicted has consented to the image being submitted on these terms above."
HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU
The following notes explain how the above terms and conditions affect your rights in respect of any works you submit to the above competition or appeal.
The terms and conditions, in effect, require you to waive your moral rights. This means you will not be able to object to how your work is used in future, such as it being altered in a manner you may find derogatory, or if it is used to promote a product or cause you find objectionable.
The terms and conditions are granting the organiser unlimited use of your work for ever.
The terms and conditions grant the organiser the unlimited right to use your work without remuneration.
The above may help you to decide not to submit any works to this appeal. For further guidance please read the Bill of Rights for Artists.
To visit the competition website click the competition title above to submit the free image we have created. Note that the competition link may cease to work at some point after the competition results are announced.
You can help the Bill of Rights campaign by complaining to the organiser urging them to change their terms and conditions. If time is at a premium for you we have prepared a complaint email which you can copy and send to the organiser. Alternatively, or as well as, you can submit the free image we have prepared to register your complaint simply by entering the free image to the contest.
Where a contest automatically displays entrants images on the contest website as they arrive you can use the free image to test the competition and determine if it is stripping metadata. The test results can be submitted to a survey by the Controlled Vocabulary Group.
The Bill of Rights campaign depends on your active support, your help will make a difference.
Updated on 14 October 2010
Competitions which meet all the standards set out in the Bill of Rights For Artists do not do any of the following -
We have written an Organisers Guide to the Bill of Rights to help organisers draft terms and conditions that respect the rights of entrants and at the same time provide legal protection for the organiser.
© Bill of Rights Supporters Group
The above text may be reproduced providing a link is given to the Bill of Rights For Artists.
Any text reproduced in italics in this report has been extracted from a competition or appeal website for the purposes of review.
Organisations who would like to be promoted as a Bill of Rights Supporter and have their competitions promoted on the Rights On List can use this contact form. We look forward to hearing from you.