PQ Blackwell is a creator and publisher of illustrated books. It was founded by Geoff Blackwell and they are based in Auckland, New Zealand. The M.I.L.K. competition, originally owned by Hodder Headline (Hachette Livre), was sold to PQ Blackwell in 2003.
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.
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
Copyright in all images submitted to the competition, including winning entries, will remain with the photographer.
Use of Images
M.I.L.K. intends to publish the 150 winning images in a new book entitled Fresh M.I.L.K: Friendship, Family, Lovers & Laughter and on selected licensed products. Images may also be used for the purposes of reviewing and promoting the book's publication, and to promote the licensed products.
Photographers will be required to sign a 10 year non-exclusive licence for the use of their image in book publications, licensed products and associated promotional use. The license will only be valid for the 150 images selected as winners. Entry into the Fresh M.I.L.K. competition will be deemed acceptance of the terms and conditions detailed in the Licensing Agreement and by entering the competition the entrant signals his or her intent to sign the Licensing Agreement should their image or images be selected as a General Prize winner
Listed below is an extract from the licensing Agreement
"1. NON-EXCLUSIVE LICENCE
1.1 The Photographer grants to M.I.L.K. Licensing the non-exclusive licence to:
a) reproduce, publish, sell, reproduce and otherwise use the Image in all forms (and to license third parties to do likewise) world-wide in the Book Work tentatively entitled “Fresh M.I.L.K.: Families, Friends, Lovers & Laughter” and all subsequent Book Works and editions based on the Fresh M.I.L.K. Collection;
b) reproduce, publish, sell, reproduce and otherwise use the Image in all forms (and to license third parties to do likewise) world-wide on Licensed Products; and
c) use the Image in exhibitions or promotions world-wide in relation to the Fresh M.I.L.K. Collection for a period of ten (10) years from the Commencement Date.
1.2 The Image may be accompanied by a caption or captions deemed suitable by M.I.L.K. Licensing in its sole discretion.
2. FEES AND ROYALTIES
2.1 Within thirty (30) days of the Commencement Date or within thirty (30) days of M.I.L.K. Licensing receiving this Agreement duly executed by the Photographer (whichever is the later), M.I.L.K. Licensing will pay to the Photographer a once-only fee of US$500 in consideration of the right to use the Image in all Book Works and Licensed Products in all editions and in all languages, throughout the Territory.
2.2 A royalty of ten percent (10%) of M.I.L.K. Licensing’s Net Sales Revenue for all Books Works and of all Licensing Income in respect of the Fresh M.I.L.K. Collection received by M.I.L.K. Licensing from sales of Book Works and of royalties received for Licensed Goods for the term of this Agreement will form a royalty pool (“the Royalty Pool”). This Royalty Pool will be shared equally by those Photographers whose Images(s) are included in the Book Works or Licensed Goods. M.I.L.K. Licensing will pay the Photographer’s share of the Royalty Pool to the Photographer annually on 1 June covering the previous 12-month period ending 31 March, and at the same time will provide the Photographer with a summary of relevant income receipts.
2.3 M.I.L.K. Licensing will deduct from payments made to the Photographer any withholding or other tax required to be deducted under New Zealand law and will provide a tax deduction certificate for possible use by the Photographer in her/his country of residence."
The web site where the images are licensed can be seen here.
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 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 win the terms and conditions require you to grant the organiser unlimited use of your work for 10 years.
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. This contest is imposing a contract on you with payments that many will find unacceptable, you have lost your right to negotiate a better deal or to refuse permission to use 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 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 25 October 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.