Fodor's is the largest English language publisher of travel and tourist information books. Fodor's are a division of Random House Inc.
Random House Inc are the worlds largest English language book publisher. At the time of writing this report Random House Inc. were publishing 344 books in the photography category. Random House is just one division of Bertelsmann AG, a global media corporation headquartered in Germany.
Bertelsman AG is privately owned, 22.6% of the stock is owned by the Mohn family and the remaining 77.4% by Bertelsmann Stiftung.
Bertelsmann AG have published a Code of Conduct; a binding guideline for legal and ethically responsible conduct that applies to all its 100,000+ worldwide employees throughout its divisions. Section 4.1 of this code of conduct sets out its obligation to respect intellectual property rights.
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
LICENSE AND WARRANTIES: By entering this contest, entrants grant to sponsor and its licensees and assigns, a royalty-free, non-exclusive, worldwide right to copy, crop, edit, publish, display, distribute, sublicense or otherwise use their photographs for the full term of copyright thereof, in connection with the publication or display of sponsor's travel-related content, in all languages and all media, whether now known or hereinafter devised, including without limitation on the Internet, on mobile platforms and/or devices and on the cover or in the interior of sponsor's travel guides, and in the advertising, publicity and promotion thereof. Entrants warrant that their photographs are their original work and are not owned by any other person or entity; do not violate any law or regulation; and do not infringe the rights of any person or entity, including, but not limited to, any copyright or trademark rights and/or rights of privacy or publicity. Entrants understand and acknowledge that they will not have any right of approval over the use of the photographs and will not receive any compensation as a result of any use of the photographs by sponsor. Entrants also understand and agree that nothing in this agreement obligates sponsor to use their photographs.
SPONSOR: Fodor's Travel, a division of Random House, Inc., 1745 Broadway, New York, NY 10019.
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. You have also lost your right to be credited as the author of your work.
The terms and conditions do not state you will always be credited when your work is reproduced. One of your most important moral rights is that you should be credited as the author of a work whenever it is reproduced.
The terms and conditions are granting the organiser unlimited use of your work for ever. For non-winning works a usage time limit of 3 years or less should be set with usage limited solely to promoting the competition or appeal. It is permissable to use winning works for ever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.
The terms and conditions grant the organiser the right to use your work beyond that needed to promote the competition or appeal. Your work will be used for other purposes. Usage of your work should be restricted solely to promoting the competition or appeal. If the organisation wishes to use your work for any other purpose they should negotiate with you independently of the competition. You should have the right to negotiate an appropriate fee for the specific use they want to make of your work and to set a time limit on such use. You should also have the right to refuse use of your work. For further information on fees and licensing refer to the Introduction to Rights and Licensing.
The above may help you to decide not to submit any works to this competition or appeal. For further guidance please read the Bill of Rights for Artists.
Use the email address listed on this contact page. Send your complaint to the WorldWide contact listed for Random House and copy it to the Executive Vice President listed for Bertelsmann AG Worldwide.
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 22 Feb 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.
Pro-Imaging is a worldwide support group for professional photographers
who are pro-active in defending photographers rights.