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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.
This competition is appealing to aspiring writers and offers one person a chance to meet with a Penguin editor and receive £1500. However, the terms apply to EVERY entrant, whether they meet entry qualifications or not. Aspiring writers should not be subject to onerous terms just to have a chance at publication. Your rights are just as important to your development as any possible exposure you might gain. After all, you are giving them content and all content has value. One winner gains something, all other entrants lose.
11. Intellectual Property: entrants agree to grant the Promoter a royalty-free, non-exclusive, worldwide and sub-licensable licence for a period of 10 years beginning on the date of entry, in the intellectual property rights in all entries, irrespective of whether or not the entry meets the eligibility criteria outlined in clause 6 above ("the Licence"). The Licence shall include the right for the Promoter to use entries in its own publications and promotional materials worldwide without seeking the entrantís consent during the term of the Licence.
16. The Promoter will hold publication rights for all entries submitted and is free to use the content on its website, social media and other promotional platforms.
HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU
One might reasonably assume the author will be credited but the terms and conditions do not state entrants 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.
The terms and conditions are granting the organiser unlimited use of your work for an unnecessarily long period (10 years). For non-winning works a usage time limit of 3 years or less should be set with usage limited solely to promoting the competition or appeal. (It is permissable to use winning works forever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.) Furthermore, condition #16 states that promoter will hold all publication rights. This goes much further than #11 - it is all inclusive and could realistically include exclusive use forever.
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.
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 Bill of Rights Principles document.
Contact the organiser and urge them to adopt the principles set out in the Artists' Bill of Rights use this this email address/contact form xxxxxxxxx
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.
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.