National Geographic, USA

About This Organisation

 

 National Geographic

About this Organisation

According to their website the National Geographic Society say they have been inspiring people to care about the planet since 1888. It is one of the largest non-profit scientific and educational institutions in the world. Its interests include geography, archaeology and natural science, the promotion of environmental and historical conservation.

About this Report

traffic-light-stop

Competitions or appeals seeking submissions of creative works from the public, works such as photos, videos, poems, music, etc., are reviewed by the Bill of Rights campaign. The reviews are to help you decide whether you should participate in the competition or appeal. The only thing you need to understand is that when you create a work (e.g. a photo) the law automatically makes you the sole beneficiary of certain rights over that work (but see note 1 below). These rights are called intellectual property rights.

Rights have a value and you are free to decide what that value is. If a person or organisation would like to use your work to promote something, you have the right to refuse permission, or to set a fee for a specific use and decide how long they may use it. More information about intellectual property rights and their value to you as an individual can be read in our Guide to Rights & Licensing. Listed on the next tab are some competitions or appeals promoted by the above organisation. For each we detail how the organisation's terms and conditions will exploit your rights to their advantage for works you submit to their competition or appeal.

A copy of this report was submitted to the organisation to help them review and change their terms and conditions. We also took the opportunity to invite them to join the Bill of Rights Supporters' Group. This would have enabled them to enjoy the benefits of being a member of a group which supports and respects others' intellectual property rights. Unfortunately the negotiations did not conclude successfully.

The main aims of the Bill of Rights Campaign are to help everyone understand that their intellectual property rights have a value and to encourage competition and appeal organisers to adopt the standards set out in the Bill of Rights for Artists.

Note 1. Rights for works created as an employee are usually owned by your employer.

About Their Competitions/Appeals

 

How this Organisation's Competitions or Appeals are Listed

How to Use this Tab

Listed below in order of closing date are the competitions or appeals promoted by this organisation that have been reviewed by the Bill of Rights for Artists campaign. To see the review of each competition or appeal just click on its title and a window will open to reveal its details.

The following information is provided for each competition or appeal;

  • the terms and conditions that impact on your intellectual property rights for any works you submit;

  • an explanation of how the terms and conditions will affect you and the rights you have in any work you submit to it;

  • a list of any other organisations sponsoring the competition or appeal;

  • who you should contact and how to complain to the organisation concerned.

Your Shot; Ongoing

Your Shot

Ongoing

TERMS AND CONDITIONS

2. Rights Granted; By uploading a photograph, you agree to the Terms of Use (for rights granted, refer to Intellectual Property Issues, point 5; and to User Conduct, point 3).

Intellectual Property Issues; 5. For clarity, you retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Site (“User Content”). By uploading User Content, you grant National Geographic (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the User Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with NG Products. National Geographic may license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote such NG Products. An NG Product is defined as "a product of National Geographic, a subsidiary, affiliate, joint venturer, or licensee of National Geographic, in any language, over which National Geographic has "Editorial Control." For the purposes of this Agreement, "Editorial Control" means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the NG Product. You also agree that National Geographic may make User Content available to users of the Site who may display and redistribute it in the same way that National Geographic makes all other Content available.

User Conduct; You agree to assume full and sole responsibility for any User Content you post to the Site, and you agree to:

3. or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for National Geographic’s use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any User Content that you post, and nothing you post will infringe on the rights of others;

HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU

  1. The terms and conditions arguably have the effect of requiring 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.

  2. The terms and conditions do not state you will always be credited when your work is reproduced.

  3. 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. Winning works can be used for ever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.

  4. 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 the organisation 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 explanations may help you to decide not to submit any works to this competition or appeal. For further information please read the Bill of Rights for Artists.

SPONSORS

None listed

CONTACT

To complain to the organiser use this email address This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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 the free image can also be used 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 16 January 2011

2010 Energiser Ultimate Photo Contest; closing date 30 June 2010

 

2010 Energiser Ultimate Photo Contest

Closing Date 30 June 2010

TERMS AND CONDITIONS

1. How To Enter

By entering a photo in this Contest, Entrant grants a nonexclusive, transferable, royalty-free, worldwide license Sponsor and Energizer to edit, adapt and publish such photo in connection with the Contest and promotion of the Contest, and Sponsor may use the photo in connection with the Contest and promotion of the Contest for advertising, marketing and promotional purposes in commerce and in any and all media now known or hereafter known throughout the world in perpetuity, without attribution, compensation, permission or further notification to the entrant, his/her successors or assigns, or any other entity, unless prohibited by law. Except for the foregoing license, Sponsor does not claim ownership of any copyright in Contest Submissions.

Upon Sponsor’s request, each contestant must provide a signed written personal release and/or license from (1) all persons who appear in the photo submitted (or their parents or legal guardians if such persons are minors), and/or (2) the copyright owner of any sculpture, artwork or other copyrighted material that appears in the photo entry, authorizing use of the photo in Sponsor’s, Energizer’s and their respective designees’ editorial publications, advertising, marketing and promotions in connection with the Contest and promotion of the Contest, in any and all media now known or hereafter known throughout the world in perpetuity, without additional compensation, permission or further notification to said copyright owner, unless prohibited by law. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request will result in disqualification of contestant and the related entry. If a potential winner fails to provide such releases, s/he will be disqualified and an alternate winner will be selected in accordance with the procedures described herein. Click here for personal release/artist release

7. Winner Requirements

All 12 Finalists (of which one is the potential Grand Prize winner) will be notified whether or not they are the Grand Prize winner or a First Prize winner by mail, email or phone on or around September 16, 2010. The potential Grand Prize winner and each First Prize winner will be required to execute and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and (where permitted) Publicity Release (“Affidavit”) in order to claim his/her prize.

Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s, name, city, state, likeness, Contest entry and/or prize information in connection with the Contest, in commerce and in all media worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.

9. Conditions

By participating, entrants and voters also agree (a) to be bound by these Official Rules;

Extract from Artist Release

I hereby waive any right to inspect  or approve any copy that is used in connection with the photograph and release and discharge the Authorized Parties from any and all claims arising out of use by an Authorized Party for the purposes decribed above...... etc., etc.

Note that Authorised Parties are Energizer Battery, Inc., and NGHT, LLC, d/b/a National Geographic Digital Media, their designees, affiliates and licensees.  (d/b/a = 'doing business as'.)

HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU

  1. The artist release requires the owner of an artwork in your photograph, to waive their moral rights in respect of how the Authorised Parties may use the photograph. This means they will not be able to object to how their work is used in future, such as it being altered in a manner they may find derogatory, or if it is used to promote a product or cause they find objectionable. They have also lost your right to be credited as the author of their work.

  2. The terms and conditions do not state you will always be credited when your work is reproduced.

  3. The terms and conditions state that if you are a winner you are required to complete various additional forms, but the terms and conditions of these additional forms are not displayed on the competition or appeal website. This is like being asked to sign a blank cheque. It is not an acceptable business practice to require you to accept all the terms and conditions when submitting a work but fail to display all the terms and conditions that will ultimately apply.

  4. 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. Winning works can be used for ever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.

  5. 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 the organisation 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 explanations may help you to decide not to submit any works to this competition or appeal. For further information please read the Bill of Rights for Artists.

SPONSORS

#Energizer Holdings, Inc.

CONTACT

To complain to the organiser use this email address for their public relations department This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Pro-Imaging have notified this organisation about the publishing of this report.

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 the free image can also be used 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 26 April 2010

International Photography Contest 2009; closing date 31 October 2009

 

International Photography Contest 2009

closing date 31 October 2009

TERMS AND CONDITIONS

"By entering the Contest, all entrants grant an irrevocable perpetual, nonexclusive license to Authorized Parties, to reproduce, distribute, display, and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; publication in National Geographic magazine or online highlighting entries or winners of the Contest. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant's "moral rights" in their entries. Display or publication of any entry on an Authorized Party's website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use."

HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU

  1. 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.

  2. 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. Winning works can be used for ever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.

The above explanations may help you to decide not to submit any works to this competition or appeal. For further information please read the Bill of Rights for Artists.

SPONSORS

None Listed

CONTACT

To complain to the organiser use this email address This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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 the free image can also be used 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 25 November 2009

See the Bigger Picture; closing date 8 September 2009

 

See The Bigger Picture 2009

closing date 8 September 2009

TERMS AND CONDITIONS

Contest is open only to children who are between the ages of 6 and 16 as of August 31, 2009.

THE POTENTIAL WINNERS (AND THEIR RESPECTIVE PARENTS OR LEGAL GUARDIANS) ARE REQUIRED TO EXECUTE THE FOLLOWING: (1) AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY RELEASE; (2) WARRANTY OF OWNERSHIP AND LICENSE; (3) PUBLICITY RELEASE; AND (4) ANY OTHER AFFIDAVITS, DECLARATIONS AND/OR RELEASES OR ADDITIONAL DOCUMENTS THAT MAY BE REQUIRED BY PRIZE SUPPLIER(S). UNLESS PROHIBITED BY LAW, THE POTENTIAL WINNER (AND PARENT/LEGAL GUARDIAN) MUST SIGN THESE DOCUMENTS NO LATER THAN 15 DAYS FROM THE DATE OF RECEIPT OF PRIZE NOTIFICATION IN ORDER FOR SPONSOR TO AWARD THE PRIZE. NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE MAY RESULT IN DISQUALIFICATION AND, AT SPONSOR'S DISCRETION, SELECTION OF AN ALTERNATE WINNER.

By entering the Contest, all entrants (and their respective parents and legal guardians) grant a royalty-free, irrevocable, perpetual, non-exclusive license to Sponsor, its designees, licensees and affiliates ("Authorized Parties"), to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: Display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; publication in National Geographic Kids Magazine or online highlighting entries or winners of the Contest. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant's "moral rights" in their entries. Display or publication of any entry on an Authorized Party's website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.

Sponsor is National Geographic Society, 1145 17th Street, N.W., Washington, D.C. 20036-4688 ("Sponsor" or "NGS").

The above rules are the rules for international participants, there are a separate set rules for  residents of the USA and Canada but they are broadly similar.

HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU

  1. 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.

  2. The terms and conditions do not state you will always be credited when your work is reproduced.

  3. The terms and conditions state that if you are a potential winner, you are required to complete various additional forms, but the terms and conditions of these additional forms are not displayed on the competition or appeal website. This is like being asked to sign a blank cheque. It is not an acceptable business practice to require you to accept all the terms and conditions when submitting a work but fail to display all the terms and conditions that will ultimately apply.

  4. 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. Winning works can be used for ever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.

The reader is referred to the Bill of Rights for Artists for more detail regarding the above issues.

SPONSORS

#Airbus #United Nations #Convention on Biological Diversity #CBD

CONTACT

To complain to the organiser use this email address This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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 the free image can also be used 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 15 Sep 2009

International Photography Contest 2008; closing date 31 Oct 2008

 

International Photography Contest 2008

Closing Date 31 Oct 2008

TERMS AND CONDITIONS

"By entering the Contest, all entrants grant an irrevocable perpetual, nonexclusive license to Authorized Parties, to reproduce, distribute, display, and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; publication in National Geographic magazine or online highlighting entries or winners of the Contest. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant's "moral rights" in their entries. Display or publication of any entry on an Authorized Party's website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use."

HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU

  1. 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.

  2. 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. Winning works can be used for ever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.

The reader is referred to the Bill of Rights for Artists for more detail regarding the above issues.

SPONSORS

None listed

CONTACT

To complain to the organiser use this email address This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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 the free image can also be used 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 4 July 2009

 

Failing the Bill of Rights

The Bill of Rights Standards 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
  • 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 solely and exclusively promoting the contest. 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

bill_of_rights_logo

The above text may be reproduced providing a link is given to the Bill of Rights For Artists.

Any text reproduced above in italics has been extracted from a competition 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. One of the campaign team will get in touch with you.