Welsh Assembly Government t/a The Valleys Partnership, UK, Gov

About This Organisation

 

Welsh Assembly Government t/a The Valleys Partnership

About this Organisation

The Valleys Partnership website claim they are comprised of over 30 partners, including the Welsh Assembly Government, Local Authorities, Assembly-sponsored agencies and third-sector organisations. Their purpose in life is to promote tourism in the Welsh Valleys.

According to terms and conditions on The Valleys Partnership website any references to 'We', 'Us' and 'Our' shall have the following meaning - The Welsh Assembly Government established by the 1998 Government of Wales Act and operating from headquarters currently located at:National Assembly for Wales, Cardiff Bay, Cardiff CF99 1NA.

In other words, The Valleys Partnership is in effect, The Welsh Government.

About this Report

traffic-light-stopCompetitions 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.

About Their Competitions/Appeals

 

How this Organisation's Competitions or Appeals are Listed

How to Use this Tab

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.

Capture the Heart and Soul of Wales; closing date 10 July 2010

 

Capture the Heart and Soul of Wales

TERMS AND CONDITIONS (as notified to Pro-Imaging on 10 June 2010)

2. Your Copyright and Moral Rights

1. Sustrans and The Valleys Heart and Soul respects photographers rights and does not claim copyright for images you submit to this contest, you will retain full copyright in each entry.

2. In addition your moral rights are respected. Whenever your image is published by Sustrans and The Valleys Heart and Soul (and its partners) you will be credited.  Failure to publish a credit due to error or oversight shall not be deemed a breach of this condition.

3. Use of Images

3.1 By entering this contest You agree agree that any (winning or shortlisted) image You submit may be used by Sustrans and The Valleys Heart and Soul of Wales (and its partners) for marketing and promotional purposes of this contest and future marketing campaigns (including press, magazines, posters, adverts and websites) and no other purpose, these uses include;

  1. judging the competition,
  2. displaying the entries on the competition website, news sites, blogs and Flickr page (and websites of partners),
  3. displaying the entries at public exhibitions to promote the competition,
  4. displaying the entries in a book, newspaper, magazine or similar,
  5. publishing the entries on posters to promote future Sustrans and The Valleys campaigns,
  6. publishing the entries on postcards to promote future Sustrans and The Valleys campaigns,
  7. publishing the entries on adverts to promote future Sustrans and The Valleys campaigns,
  8. cropping and re-sizing the image as necessary to fit pre-defined formats to promote the campaign,
  9. sub-licensing the entries to the press for reproduction in connection with the campaign and any related exhibition,
  10. inclusion within any materials promoting the competition or any exhibition of images from this competition organized by Sustrans and The Valleys Heart and Soul

3.2 You hereby grant Sustrans and The Valleys Heart and Soul a non-exclusive, irrevocable licence in each Entry throughout the world  in all media for the uses described in 3.1 above for five years following the date of announcement of the winners.

3.5 Should any image uses beyond those needed to promote the contest arise you will be contacted and given the opportunity to negotiate any such usage with the parties concerned independently of the competition.

Note that Sustrans referred to in the above rules is a UK sustainable transport charity.

HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU

The competition is seeking digital photographs and/or short films and using the above terms and conditions (in italics) regarding your intellectual property rights.

Following our original complaint on 12 May 2010 to Alun Ffred Jones, Minister for the Department of Heritage in the Welsh Assembly Government, we were notified on 10 June 2010 by his department that they had considered our "campaign's position and have amended the terms and conditions of the competition."

The following notes explain how the above amended terms and conditions affect your rights in respect of any works you submit to the above competition or appeal.        

  1. 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 the organisation 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.

SPONSORS

None listed

CONTACT

Complain to the Welsh Minister responsible for tourism, this is Alun Ffred Jones, Minister for the Department of Heritage in the Welsh Assembly Government, and his email address is This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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 10 June 2010

 

Failing the Bill of Rights

 

The Bill of Rights Standards for Photography Competitions

Competitions which meet all the standards set out in the Bill of Rights For Artists do not do any of the following -

  • claim copyright
  • claim exclusive use
  • seek waiving of moral rights
  • fail to give a credit for all free usage
  • add, alter, or remove metadata from submissions
  • seek usage rights other than for promoting the contest and no other purpose. Note that a book, posters, cards, or a calendar are seen as legitimate ways of promoting the contest and defraying costs
  • seek free usage rights in excess of 5 years
  • use the submissions commercially without the entrant's agreement, and such commercial usage is to be subject to a freely negotiated license independently of the competition.
  • make it a condition of winning that an entrant must sign a commercial usage agreement
  • fail to publish all documents on the competition website that an entrant may have to sign
  • fail to name the judges for this or last year's competition
  • fail to explicitly state all the organisations who will acquire rights to the submissions
  • set a closing date more than 18 months after the contest launch date
  • fail to make clear statements of rights claimed and how submissions are used.

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

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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.