See the Scottish Cabinet > Ministers.
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
"By submitting an image to the Promotion, you hereby grant to Scottish Ministers a worldwide, royalty free, irrevocable, perpetual licence to use the image on any media."
"You also acknowledge and agree that The Sponsor may use the Submission (or portions of the Submission) in any other way they see fit, including but not limited to posting on the Sponsor's other websites, other affiliated sites, the Sponsor's social media sites and in subsequent printed material or promotions.
"None of the material that you submit shall be subject to any obligation of confidentiality on the part of Sponsor and its third-party service providers and agents or their respective directors, officers and employees."
"By entering into this Promotion, you agree to wholly and freely grant any and all rights to the image you submit and any and all intellectual property therein to the Sponsor.
"Each participant grants to Sponsor a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform its Submission, in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). Without limitation of the foregoing, submission of any Submission constitutes your agreement that the Sponsor and any sub-licensee(s) are permitted (but are not obligated) to display the Submission online for public viewing and/or comment (whether on the Sponsor’s web pages or on third party web pages), to incorporate the Submission in online and offline promotional advertising, marketing, and/or other commercial materials, and to reproduce, adapt and distribute the Submission in all media whether now known or later developed. "
"The Sponsor does not guarantee that participant will have any recourse through the Sponsor to edit or delete any Submission made by the participant."
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 are effectively claiming your copyright. (See "7. Release and Grant of Rights", above.) You will no longer be the owner of your work, legal ownership will effectively reside with the Scottish Government. This means you will not legally be permitted to use or reproduce your work again without permission from the new owner.
The terms and conditions 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 are granting the organiser unlimited use of your work for ever.
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 any purpose, including commercial use, in perpetuity. You should 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 will write to this organisation, with a link to this report, and urge them to adjust the 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 2015-04-05 12:00:18
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.