Plantlife is a UK charity working to conserve wild plants, manage nature reserves and influence policy and legislation.
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 has categories for children aged 0-6, children 6-11 and adults. There was only one rule concerning rights.
7. Entries become the property of Plantlife and are not returned. Entrants transfer all of their ownership rights (including all copyright) of their designs to Plantlife and consent to Plantlife reproducing their design in the future without cost or attribution.
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 do not state you will always be credited when your work is reproduced. In fact the rules state they require the right to reproduce the entrants works without attribution. One of your most important moral rights is that you should be credited as the author of a work whenever it is reproduced. It is particularly disappointing that the charity is not prepared to credit the creator of the works they use.
The terms and conditions are granting the organiser unlimited use of your work for ever. The Artists' Bill of Rights has set out special provisions for charities so that people who support it's aims can donate additional rights such as this, but not copyright, or exclusive rights. A charity does not need copyright in order to benefit from using the images.
For further guidance please read the Artists' Bill of Rights.
We wrote to this charity on the 26 January 2012, along with a copy of the ABoR Principles document. A copy of the email we sent is reproduced below;
We are writing to you on behalf of the Artists' Bill of Rights (ABoR) campaign regarding the terms and conditions of above competition.
Our campaign is concerned with promoting the fair treatment of the public's intellectual property rights in competitions or appeals involving the submission of creative content, such as photographs or music.
The campaign is supported by organisations from around the world including GTechnology by Hitachi, Sony World Photographic Awards, American Photographic Artists, The Equality Trust, Amantani charity and many other organisations from the private, public and charitable sectors. We hope you will join them and enjoy the PR benefits of doing so.
We have also attached a PDF document setting out the Artists' Bill of Rights principles, including special arrangements for charities which we hope you will find helpful. Some of the rules for the above competition go beyond these principles, in particular the requirement for entrants to transfer their copyright. This is not necessary in order that you can publish Christmas Cards.
We will be happy to help with any queries you may have and to assist as required with any adjustments to the rules that you may wish to consider.
We look forward to your response in due course.
We received no response from Plantlife and so published this repoert two weeks later.
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 08/02/2012
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.