The L'Oréal Group, headquartered in France, claims to be the world's largest cosmetics and beauty company.
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
This competition is aimed at hairdressing salons in the UK and the Republic of Ireland. It consists not only of the Colour Trophy Awards but also of the Mens Image Award, Mizano Afro Catwalk, Young Colourist Award and Tatler Award (ROI only). To compete for any of the awards salons are required to submit a photograph of a model with hair styled exclusively using L'Oréal products, dressed to demonstrate an "understanding of key catwalk trends", make up to be "professional and flawless", and the overall look "should exhibit a high fashion editorial magazine shoot".
Judges will use the submitted photographs to select 35 entrants to go through to the regional finals. The L'Oréal website offers no guidance to the hairdressing salons who enter this contest about the creation of the photographs. The salon is free to create their own photographs or to commission a professional photographer to create it for them. Given the exacting standards required of salons' photographs it is likely that many will decide to use a professional photographer to create the images required.
Each of the L'Oréal awards have their own set of terms and conditions but all are identical in respect of the rights that must be granted to L'Oréal regarding the photos submitted - see the third italicised paragraph below. The italicised paragraphs below are extracts of only those terms and conditions of the L'Oréal Professionnel Colour Trophy UK Award 2012 that specifically refer to photographs.
Entrants must either send to L'Oréal Professionnel Colour Trophy, 2nd Floor, 255 Hammersmith Road London W6 8AZ a colour 10"x8" photo of their female model fulfilling the brief above or upload their entry photo (min size 3MB or 300dpi) onto www.lorealcolourtrophy.com. This may be a head or full-length shot. Entrants must enter a photo that is no more than one year old.
Entrants are not required to submit on entry, but will be required to bring (if they reach the regional or grand final stages) a photo of their live model prior to colour application.
Entrants grant L'Oréal (UK) Limited with a transferable, exclusive, worldwide, royalty free and perpetual license in all copyright, moral or other rights under the Copyright, Design and Patents Act 1988 to use the photos and any materials, videos and images generated during the L'Oréal Professionnel Colour Trophy competition (whether they proceed to the Regional Final and Grand Final or not) for any purpose whatsoever (including without limitation, use on L'Oréal Professionnel websites, facebook pages and blogs, promotion of the Colour Trophy event, PR content print and online, editorial, advertising and advertorial content, trade press and 2012/2013 competition promotion print and online and educational or internal purposes etc).
The judges will need to select thirty five entrants for each region to go through to the Regional Final stage based on the photographic entry criteria outlined
The photograph must demonstrate the ability to construct a fantastic editorial inspired Autumn Winter total look
The photograph must demonstrate an awareness of Autumn/Winter 2012/2013 trends and modern hairdressing techniques
The photograph must demonstrate the capability of putting together a great look in front of a camera
Note that if the salon chooses to commission a professional photographer L'Oréal give no advice to the hairdressing salon that they should show the photographer a copy of the rights that L'Oréal demand and that, to protect the salon/L'Oréal from legal action for copyright infringement, they must have a signed license from the photographer agreeing to these terms.
HOW THESE TERMS AND CONDITIONS WILL AFFECT THE PHOTOGRAPHER
The following notes explain how the above terms and conditions affect your rights should you sign a license agreeing to L'Oréal T&Cs in respect of any photos taken by you for a salon to submit to the UK L'Oréal awards.
The terms and conditions claim exclusive use of your work. Although you will still be the copyright holder you will not be able to use your work again without permission.
The terms and conditions refer to moral rights. It is not clear whether or not the language used by L'Oréal T&Cs is intended to mean that your moral rights are to be waived. We suspect not in that the word 'waive' is not used, however, there is a lack of clarity in this rule and you should ask the salon to obtain from L'Oréal a written statement making clear their intent with regard to moral rights.
The terms and conditions do not state you will always be credited when your work is reproduced.
The terms and conditions are granting the organiser unlimited use of your work for ever. Yet there is no guidance given to the salon to ask you to agree in writing to the license that L'Oréal is demanding.
Salons entering this competition and submitting photographs created by a commissioned photographer, but without obtaining a license from the photographer agreeing to all the L'Oréal terms and conditions, could find themselves at the centre of a legal action concerning infringement of the photographer's copyright. A legal action the photographer would win. The risk taken by a salon in agreeing to the L'Oréal terms and conditions without a license from the photographer is simply not worth it.
If you are approached by a salon to take photographs of a model we advise you to ask if the photos will be submitted to the L'Oréal 2012 Awards. If this is the case explain to the salon that as the copyright holder in any work you create you cannot accept the L'Oréal 2012 Awards terms and conditions; that the salon should request L'Oréal's legal people to get in touch with you to a) agree an appropriate license setting out the permitted use by L'Oréal of any photographs you create for the salon and b) the fees for such use. Fees for exclusive perpetual worldwide rights are not insignificant. You should also explain to the salon that L'Oréal's terms and conditions will prevent the salon from using the photos in publicity, that L'Oréal demand exclusive use.
If you, unaware of the salon's intended use of the photographs at the time of the shoot, subsequently discover the work you shot for the salon has been submitted to the L'Oréal 2012 Awards, you must contact your legal advisor immediately to issue a notice to both the salon and L'Oréal that your photographs must not be used without a license agreed by you. If your photographs were to be used, in such a circumstance neither L'Oréal or the salon would have a position to defend in the eyes of the law in the absence of a license agreed in writing from you; your copyright would have been infringed.
For further guidance please read the Artists' Bill of Rights.
We have written to L'Oréal and submitted a link to this report.
Complain to the organiser, refer them to this report, recommend they provide salon's with a L'Oréal contact for commissioned photographers to negotiate a license with, and that L'Oréal adopt the principles set out in the Artists' Bill of Rights. Contact the following;
If time is at a premium for you we have prepared a complaint email which you can copy and send to the organiser, however it is always far more effective to use your own words to express your thoughts about the issues raised here.
The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.
Updated on 30/01/2012
TERMS AND CONDITIONS
We would like to thank the New Zealand Advertising & Illustrative Photographers Association (AIPA) for sending the details of this contest to us.
This is a competition for hair salons where, as part of the entry terms, the hair dresser signs over "all future copyright" in any images they submit. The images are often taken by photographers who have never even seen the entry form, and therefore have no chance to object. And obviously the hair dressers have little or no comprehension of photographers rights - so they sign the form without thinking.
At the time of writing this report (10th June 2008) the contest website does not display the rules of this competition. However we have listed below extracts from the rules of this competition sent to us by AIPA and these extracts detail the rights being claimed from entrants.
Rule 10 states that “All entrants agree that the future copyright of any supplied imagery belongs to L’Oreal Professional and is not permitted to be submitted to other competitions”
Rule 16 states that “All entry photographs and digital images become the property of L’Oreal Professional and will not be returned to entrants.”
Rule 16 continues “Photography from the L'Oreal Professional Colour Trophy photo shoot (whether submitted or not) cannot be published AT ANY TIME BEFORE OR AFTER THE AWARDS ARE JUDGED, in any form (electronically, print or otherwise) without express written permission of L'Oreal Professional.”
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 your photographs submited to the above competition.
The terms and conditions are claiming your copyright. You will no longer be the owner of your work, legal ownership will be transferred to the organisation. You will not be permitted to use or reproduce your work again without permission from the new owner.
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 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 or appeal.
The terms and conditions grant the organiser the right to use your work beyond that needed to promote the competition. 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.
To complain to the organiser use this contact form
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 10 June 2008
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.