Cartridge Save, 5-6 Gregson Road, Stockport, SK5 7SS Tel: 0161 968 5994
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.
"3) …The best 50 entries from across the categories will be selected to appear in an e-album which will be free to download from the cartridgesave.co.uk site."
Separte permission form (pdf):
"By consenting to this form, you give Cartridgesave.co.uk and Democracy PR permission to use your child’s work which may be displayed on our website or in the downloadable e-book.
"Following the announcement of the winner(s), we may use images of your child, which may appear in local or national newspapers, or online publications."
HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU
The terms and conditions are unclear about you or your child's moral rights. Although a signed permission form is required, it is not clear if you must consent to allowing an image of your child to be used for promotion in order to claim the prize. Because the book/entry is downloadable without restriction, giving permission seems unwise because anyone may repurpose the work.
Because the competition is offering a print-ready ebook for download with no time limit or restrictions on distribution, you are basically granting the organizer unlimited use of your child's work forever, and for anyone to print or repurpose the work as they choose. Printing a book and distributing it to the winning school would be wiser. There should also be a time limit on how long a likeness of your child may be used on the website or in the media. Refer to our Introduction to Rights and Licensing to better understand why you need more control over who uses your work and for what purpose.
The terms and conditions appear to be 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.
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.
Democracy PR Ltd, 62 Beech Road, Chorlton, Manchester M21 9EQ
To write to the organiser and urge them to adopt the principles set out in the Artists' Bill of Rights, use this contact form:
The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.
Published on 13 May 2016
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.