Werner Publishing Corp, USA,

About This Organisation

 

Werner Publishing Corporation

About this Organisation

Werner Publishing Corporation, a USA business based in West Los Angeles, produces a range of consumer magazines and has been doing so for over 40 years. Amongst its titles are three photography magazines, Outdoor Photographer, Digital Photo and Digital Photo Pro. Werner Publishing Corporation is a privately held company and its President is Steven Werner.

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.

3rd Annual Your Favorite Places Photo Contest; closing date 7 Jul 2010

 

3rd Annual Your Favorite Places Photo Contest

TERMS AND CONDITIONS

This contest is promoted by Werner Publishing Corporation's Outdoor Photographer magazine.

WINNER NOTIFICATION: Potential winners will be notified by telephone, mail and/or e-mail on or about June 25, 2010 and will be required to execute and return an Affidavit of Eligibility and Liability and, unless prohibited, a Publicity Release, a W-9 Form and any additional documents that may be required by prize provider within fourteen (14) days of date of issuance.

USE OF ENTRY: By submitting an entry, entrant grants Sponsor and its designees an irrevocable, royalty-free, non-exclusive, worldwide perpetual license to use the entry and his/her name, city and state of residence for credit purposes in Sponsor’s online galleries, without further compensation, notification or permission, unless prohibited by law. In addition, each winner grants to the Sponsor and its designees an irrevocable, royalty-free, non-exclusive, worldwide perpetual license to use and distribute the entry [(as submitted, or as cropped by Sponsor)], and his/her name, city and state of residence for credit purposes, in any and all media now or hereafter known, including without limitation in Outdoor Photographer magazine, for purposes of promotion of this Contest and other Sponsor contests and/or for purposes of advertising and promoting Sponsor and, except as otherwise stated herein, without further compensation, notification or permission, unless prohibited by law.

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.        

  1. 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.

  2. The terms and conditions state that if you win, or are a potential winner, 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. This is like being asked to sign a blank cheque. It is not an acceptable business practice to require you to accept all the terms and conditions when submitting a work but fail to display all the terms and conditions that will ultimately apply.

  3. The terms and conditions are granting the organiser unlimited use of your work for ever. For non-winning works a usage time limit of 5 years or less should be set with usage limited solely to promoting the 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.

  4. 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.

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

#Duggal Visual Solutions  #Gitzo  #LumiQuest  #Manfrotto  #PNY Technologies  #Tamrac

CONTACT

Use this email address This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you wish to write to the organiser. Debra Levine is a member of the Werner Publishing Imaging Group Team.

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 21 April 2010

 

Failing the Bill of Rights

 

The Bill of Rights Standards for Creative 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.