The Bank of Scotland plc is a commercial and clearing bank based in Edinburgh, Scotland. Since 19 January 2009, the Bank of Scotland has formed a key part of the Lloyds Banking Group, following the acquisition of HBOS by Lloyds TSB Group. 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)
1. The competition is open to UK residents aged 18 years or over. Entrants must be an amateur photographer, which for the purposes of this competition means they should not earn more than 10% of their total annual income or £5,000 annually, (whichever is the greater), from photography.
[Note; The main competition page states the competition is also open to employees within the Lloyds Banking Group]
3. To enter the competition, photos should be submitted to the Bank of Scotland Facebook page at www.facebook/bankofscotland. There is no limit to the number of photos that an individual can submit. The photos must not have been published before and must be the original work of the entrant.
10. If a winner is dismissed from the employment of a Lloyds Banking Group company before 20 November 2011, they will relinquish their right to their prize. In such circumstances, a new winner will be chosen.
15. We may use any entrants name, entry photo and story for our publicity purposes, this could include:
16. By entering, entrants confirm that they hold copyright to the submitted entries. Entrants will retain copyright in their submitted entries. However, by entering, all entrants grant members of the Lloyds Banking Group* an irrevocable, worldwide royalty-free, nonexclusive, perpetual licence to use, reproduce, edit, crop, re-size and publish each entry in any and all media (including print and online), for the purposes outlined in clause 15, above, solely and exclusively for publicity and advertising purposes now and in the future. In exercising the rights granted by such licence, we will acknowledge, where possible that the photograph is the work of the entrant in all cases.
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 require you to sumit your photos via the Bank of Scotland Facebook page. Facebook automatically deletes the copyright metadata embedded in your photograph rendering it an 'orphan work'.
The terms and conditions do not state you will always be credited when your work is reproduced, only "where possible". One of your most important moral rights is that you should be credited as the author of a work whenever it is reproduced.
Whether you win or not 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 or appeal. 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.
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 04/10/2011
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.