Essex ExploreCulture

About This Organisation

Essex ExploreCulture

About this Organisation

traffic-light-stopExploreCulture is run by Essex County Council’s Cultural Development team, helping to support a vibrant cultural economy for everyone to enjoy. http://exploreculture.org.uk/home.html

About this Report

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.

How this Organisation's Competitions or Appeals are Listed

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.

CLICK HERE to see #InstaEssex Capture the Culture; closing date 15 February 2016

#InstaEssex Capture the Culture

TERMS AND CONDITIONS

16) Reproduction

By entering the competition, you grant #InstaEssex and its sponsors and supporters a non-exclusive, irrevocable licence to reproduce, enlarge, publish or exhibit, on any media, the images for any purpose connected with the competition. This may include, but is not limited to:

  1. inclusion in the competition book – print & digital versions;
  2. display at any exhibitions; including but not limited to being printed on vinyl and foam-board to display at Liverpool Street station and branch line stations.
  3. on the competition website and on the websites of sponsors and supporters;
  4. for use in press, promotional and marketing materials – both print & digital;
  5. on social media used by #InstaEssex, its sponsors and supporters.

HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU

The following notes explain how the above terms and conditions affect your rights.

  1. The phrase "for any purpose connected with the competition" is too vague. For this reason the terms and conditions are unclear with regard to how your work will be used. To be sure, entrants' images can only be used to promote the competition.

    This may seem like a fine point, but all images must be displayed in such a way that it is clear to all viewers that the images represent entries in a specific competition and are not mere decoration.

    Note: Competition images posted to social media must include some identifying information in the image itself, such as creator and competition name. Social media is notorious for stripping metadata (authorship information) in their publishing protocols, thus creating "orphan works" by the millions. See "Social Networks and Competitions" for more detail.

  2. 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.

  3. The terms and conditions are granting the organiser unlimited use of your work forever. 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 forever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.

For further guidance please read the Bill of Rights for Artists, particularly our Bill of Rights Principles.

SPONSORS

Abellio Greater Anglia | Essex Chronicle | Essex & South Suffolk Community Rail Partnership | Network Rail | Southend-on-Sea | thurrock.gov.uk

CONTACT

To write to the organiser and urge them to adopt the principles set out in the Artists' Bill of Rights use this this email address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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 2016-02-04 21:41:26

 

About the Artists' Bill of Rights

The Artists' Bill of Rights principles for Creative Competitions

Competitions which meet all the standards set out in the Bill of Rights For Artists do not do any of the following -

  • claim copyright
  • claim exclusive use
  • seek waiving of moral rights
  • fail to give a credit for all free usage
  • add, alter, or remove metadata from submissions
  • seek usage rights other than for promoting the contest and no other purpose. Note that a book, posters, cards, or a calendar are seen as legitimate ways of promoting the contest and defraying costs
  • seek free usage rights in excess of 5 years
  • use the submissions commercially without the entrant's agreement, and such commercial usage is to be subject to a freely negotiated license independently of the competition.
  • make it a condition of winning that an entrant must sign a commercial usage agreement
  • fail to publish all documents on the competition website that an entrant may have to sign
  • fail to name the judges for this or last year's competition
  • fail to explicitly state all the organisations who will acquire rights to the submissions
  • set a closing date more than 18 months after the contest launch date
  • fail to make clear statements of rights claimed and how submissions are used.

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

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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.