Talenthouse is a global social networking website that is operated and privately owned by Talenthouse Inc. Talenthouse was founded by Amos Pizzey and Roman Scharf, co-founder of the internet phone service Jajah in 2009. The Talenthouse headquarters are located in Palo Alto, California, USA with offices in Los Angeles, New York and London. Talenthouse has launched more than 150 competitions with global brands. Some of the brands are listed on their website as Clients & Partners. 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)
Similarly, upon Talenthouse’s request, each Participant must assign all copyright and other tangible and intangible property rights in their Submission, which is an original work, to Talenthouse or the Host or Artist of a specific CI, as well as to consent, if necessary or warranted, to the reproduction, distribution, display, and / or creation of derivative works of the Submission in connection with the CI and promotion of the CI, in any media now or hereafter known, with all assignments and consents to be in form(s) provided by Talenthouse. Failure to provide such assignments or consents upon request may result in disqualification and selection of an alternate Winner.
By entering the Campaign, all Participants grant an irrevocable, perpetual, worldwide non-exclusive license to Talenthouse and the Authorized Parties, to reproduce, distribute, display and create derivative works of the winning submissions (along with a name credit) in connection with the Campaign and promotion of the Campaign, in any media now or hereafter known. Participants consent to the Talenthouse doing or omitting to do any act that would otherwise infringe the Participant’s “moral rights” in their entries.
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.
Upon Talenthouse's request you must assign to them the copyright in your work. If you do so you will no longer be the owner of your work, legal ownership will be transferred to Talenthouse. You will not be permitted to use or reproduce your work again without permission from the new owner. Artists should not enter contests that require them to give up their copyright.
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. Artists should never waive their moral rights.
Upon Talenthouse's request 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, simply that they will be in form(s) provided by Talenthouse. This is like being asked to sign a blank cheque. It is unfair to require you to accept all the terms and conditions when submitting a work but fail to display all the terms and conditions on documents you will be required to complete and sign.
The terms and conditions are granting the organiser unlimited use of your work for ever. For non-winning works a usage time limit of 3 years or less should be set with usage limited solely to promoting the specific 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, and no other purpose.
Usage of your work should be restricted solely to promoting the specific competition or appeal. If an 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. The Talenthouse terms and conditions set out no negotiating rights for the entrant. 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.
See the Clients & Partners listed on the Talenthouse website.
If time is at a premium for you we have prepared a complaint email which you can adapt and send to the organiser.
The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.
Updated on 22 September 2011
Competitions which meet all the standards set out in the Artists' Bill of Rights 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.