Bonnier AB (also the Bonnier Group) is a privately-held Swedish media group of 150 companies operating in 21 countries. It is controlled by the Bonnier family. The company was started in 1804 by the German Gerhard Bonnier in Copenhagen, Denmark when Bonnier published his first book, Underfulde og sandfærdige kriminalhistorier. Bonnier publishing operations are also established in the UK and in France, Australia and USA, where it is the Bonnier Corporation. Bonnier is controlled by around 75 family members - including some seventh generation heirs.
Bonnier Corporation is an American magazine publisher owned by the Swedish Bonnier Magazine Group. It was formed in March 2007 by the merger of World Publications, Time4 Media, and The Parenting Group, and publishes more than 40 special-interest magazines including American Photo. It is based in Winter Park, Florida. Wikipedia
Competitions or appeals seeking submissions of creative works from the public, works such as photos, videos, poems, music, etc., are reviewed by the Artists' Bill of Rights campaign. The reviews are to help you decide whether or not you should participate in the competition or appeal. When you create a work (e.g. a photo) the law automatically makes you the sole beneficiary of certain rights over that work. These rights are called intellectual property rights. Note: Rights for works created in the course of employment are usually owned by the employer (i.e. works for hire).
Rights have a value and you are free to decide what that value is. If a person or organisation wants to use your work to promote something, you have the right to refuse permission or to set a fee for a specific use. More information about intellectual property rights and their value to you can be read in our Guide to Rights & Licensing.
Listed below in order of closing date are the competitions or appeals promoted by this organisation that we have reviewed. For each we detail how their terms and conditions will exploit your rights. To read our review(s) just click on any competition/appeal title below.
TERMS AND CONDITIONS (extract)
By entering, you represent that: (i) your entry is your own original work; and (ii) you own or have the rights to convey any and all right and title in any material submitted as part of your entry into the Contest. By entering, you grant to Sponsor a non-exclusive, worldwide, royalty-free license to edit, publish, promote, republish at any time in the future and otherwise use your submission, along with your name and likeness, in any and all media for any purpose, without further permission, notice or compensation (except where prohibited by law).
Potential winners will be required to sign and return a sworn Affidavit of Eligibility and Liability and Publicity Release. If required documentation is not returned within seven (7) business days of notification, or if notification is returned as undeliverable, any prize will be forfeited and an alternate winner will be selected.
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 do not state you will always be credited when your work is reproduced. The terms and conditions give them the right to use your name, but not an obligation to do so. 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 state that if you win, or are a potential winner, you are required to complete various additional forms, but the terms and conditions of these additional forms are not displayed on the competition website. This is like being asked to sign a blank cheque. It is not an acceptable business practice to require you to accept all the terms and conditions when submitting a work but fail to display all the terms and conditions on documents you may at some stage have to complete and sign.
The terms and conditions are granting the organiser unlimited use of your work for ever. For non-winning works a usage time limit of 5 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.
The terms and conditions grant the organiser the right to use your work beyond that needed to promote the competition or appeal. Your work can be used for any other purpose. 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.
For further guidance please read the Bill of Rights for Artists.
We have written to this organisation, submitted a link to this report and urged them to adjust the competition rules as set out in the ABoR Principles document.
If time is at a premium for you we have prepared a complaint email which you can copy and send to the organiser.
The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.
Updated on 01/11/2011
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.