News Corporation, often abbreviated to News Corp., is one of the world's largest media conglomerates and one of the world's largest entertainment organisations. The company's Chairman & Chief Executive Officer is Rupert Murdoch.
News Corporation is a publicly traded company listed on the NASDAQ, with secondary listings on the Australian Securities Exchange. Formerly incorporated in South Australia, the company was re-incorporated under Delaware General Corporation Law after a majority of shareholders approved the move on November 12, 2004. At present, News Corporation is headquartered at 1211 Avenue of the Americas (Sixth Ave.), in New York City, in the newer 1960s-1970s corridor of the Rockefeller Center complex.
The Australian is a broadsheet newspaper published in Australia from Monday to Saturday each week since 1964. The Australian is published by News Limited, an asset of News Corporation, that also owns the sole dailies in Brisbane, Adelaide, Hobart and Darwin and the most popular metropolitan dailies in Sydney and Melbourne. News Corporation's Chairman, Chief Executive Officer and Founder is Rupert Murdoch. Wikipedia
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.
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.
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.
TERMS AND CONDITIONS
"22. Each entrant assigns to the Promoter all copyright and other intellectual property rights in each photo and description sent in as part of an entry in this competition.
Each entrant acknowledges that the Promoter, as owner of the copyright in the photographs and descriptions, may reproduce the photographs and the descriptions in any media or marketing for any purpose without permission or payment.
The entrants agree to waive all their rights, including moral rights, in the photographs entered by the entrants in this competition."
"25. All entries, including photographs and images, and any copyright subsisting in the entries become and remain the property of the Promoter.
The Promoter collects personal information about entrants to include entrants in the promotion and where appropriate award prizes. If the personal information requested is not provided, the entrant may not participate in the promotion.
By participating in the promotion, each entrant also acknowledges that a further primary purpose for collection of entrants’ personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact entrants in the future with information on special offers or provide entrants with marketing materials via any medium including mail, telephone and commercial electronic messages.
The Promoter may share information with its Australian related companies or promotional partners who may contact entrants in this way with special offers. By entering the promotion, each entrant agrees that the Promoter may use entrants’ personal information in this manner.
"27 It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion."
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 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 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 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.
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.
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.
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.
#Relationships Australia #The Weekend Australian Magazine #Credit Union Australia #Brother #Olympus
News Corporation have set up a worldwide Alertline and Alert website to formalise the reporting of complants as described in their published Standards of Business Conduct. This document states that "Alertline and the Alertline Website are available to assist all employees as well as vendors, suppliers, customers and others."
You can access the complaint process here, then click 'Financial and Business Integrity' heading and you will be presented with the complaint 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 13th 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.